PEOPLE v. MAURICIO


215 A.D.2d 326 (1995)

627 N.Y.S.2d 26

The People of the State of New York, Respondent, v. David Mauricio, True Name Anthony Malave, Appellant

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

May 25, 1995


Defendant was observed standing on the fire escape of a building, holding something in his hand and bending over to pry open a window, by police officers and two civilians. In the process, he glanced over his shoulders, turning his head from left to right. Within minutes of defendant's entry into the adjoining apartment, one of the officers knocked loudly on the front door and announced that he was a policeman. Since there was no response, a key to the unit was procured from...

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