PEOPLE v. HERNANDEZ


218 A.D.2d 167 (1996)

639 N.Y.S.2d 423

The People of the State of New York, Appellant, v. Angel Hernandez and Rudolfo Hernandez, Respondents

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

February 26, 1996


Attorney(s) appearing for the Case

Richard A. Brown, District Attorney of Queens County, Kew Gardens (Nicole Beder, Steven J. Chananie, John M. Castellano and Gonzalo Pinacho of counsel), for appellant.

Cheda & Sheehan, Jackson Heights (Thomas Sheehan of counsel), for Angel Hernandez, respondent.

ROSENBLATT, SANTUCCI and JOY, JJ., concur.


BRACKEN, J. P.

Society is not prepared to recognize as legitimate whatever subjective expectation of privacy an escaped prisoner might have with respect to the confines of the house or apartment in which he is being harbored by an obliging friend or relative. For this basic reason, we hold that the defendant Angel Hernandez, who had escaped from a work-release program and who was being protected by his brother...

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