PEOPLE v. DILLON


44 A.D.3d 1068 (2007)

844 N.Y.S.2d 402

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT DILLON, Appellant.

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

Decided October 30, 2007.


Ordered that the judgment is affirmed.

On the evening of June 15, 2005 volunteer firefighters from the North Babylon Fire Department responded to a 911 call and discovered a strong fuel odor emanating from a locked factory being leased by the defendant. The fire chief (hereinafter the chief) at the scene called his dispatcher to have a building representative appear and although the chief testified he could have forcibly entered the premises, he decided to wait for...

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