PEOPLE v. STERGIOU


279 A.D.2d 387 (2001)

720 N.Y.S.2d 28

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANDREW STERGIOU, Appellant.

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

Decided January 23, 2001.


Defendant's motion to suppress physical evidence and statements was properly denied. Since the police did not enter defendant's apartment until after he threw a lit flare at an officer and set his apartment on fire, a point at which police and fire personnel were obviously duty-bound to enter, there is no basis for suppression of any of the fruits of the entry. The record fails to support defendant's argument that his incendiary conduct was "provoked" by allegedly unlawful...

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