PEOPLE v. DAY


8 A.D.3d 495 (2004)

778 N.Y.S.2d 513

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LEROY DAY, Appellant.

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

June 14, 2004.


Ordered that the judgment is affirmed.

A police detective investigating a series of daytime burglaries received a radio call of an attempted burglary in progress and began driving to the scene. The detective had information suggesting that the perpetrator of at least one of the prior burglaries was a male who wore his hair in corn rows, and that two bicycles had been seen outside one of the burglarized premises.

As the detective approached to within a mile...

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