PEOPLE v. HARVEY

103840.

96 A.D.3d 1098 (2012)

945 N.Y.S.2d 802

2012 NY Slip Op 4426

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JACQUES HARVEY, Appellant.

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

June 7, 2012.


Stein, J.

When police officer Josiah Jones arrived to investigate a trespass complaint at a residence in the City of Albany, he observed two individuals tap on the door and heard them saying "Five-O," a term commonly used to warn others that police are nearby. After Jones and Officer Matthew Foley gained entrance into the building, they observed defendant drop something — which turned out to be a digital scale — and run upstairs. As defendant ran upstairs...

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