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PEOPLE v. QUARLES

187 A.D.2d 200 (1993)

The People of the State of New York, Respondent, v. Quanton Quarles, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

February 5, 1993

Attorney(s) appearing for the Case

Edward J. Nowak, Rochester (James Eckert of counsel), for appellant.

Howard R. Relin, District Attorney of Monroe County, Rochester (Robert Mastrocola of counsel), for respondent.

CALLAHAN, J. P., BOOMER and GREEN, JJ., concur with BOEHM, J.; DAVIS, J., dissents in a separate opinion.

BOEHM, J.

The principal issue raised in this appeal is whether defendant's warrantless arrest on burglary charges was supported by probable cause. We conclude that it was.

I

At about 3:50 in the morning of November 28, 1990, a burglary in progress at 224 Wellington Avenue, Rochester, was reported to the Rochester Police Department. Officer Sung Chung was the first to reach the house and saw...

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