PEOPLE v. RODRIGUEZ

2139, 3395/06

71 A.D.3d 436 (2010)

895 N.Y.S.2d 94

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANCISCO RODRIGUEZ, Appellant.

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

Decided March 4, 2010.


The court properly denied defendant's suppression motion. While conducting surveillance of a sixth floor apartment known to be a distribution point for drugs and firearms, the arresting officer observed defendant stealthily approach from the floor below, silently directing his companion's movements and carrying a latex glove. The officer knew such gloves had been used in home invasion robberies, and believed the apartment under surveillance to be a potential target for a...

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