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People v. Perez

Appellate Division of the Supreme Court of New York, First Department
Mar 12, 1991
171 A.D.2d 454 (N.Y. App. Div. 1991)

Opinion

March 12, 1991

Appeal from the Supreme Court, New York County (Stephen Crane, J.).


Defendant's motion to suppress physical evidence was properly denied. At approximately 3:00 A.M. on October 30, 1988, Susan Schiffman heard suspicious noises and voices at her neighbor's apartment door. Knowing this neighbor was vacationing, and after calling his apartment and not receiving a response, she called the police. The arresting officer discovered defendant and an accomplice crouched behind a cardboard box in a stairway leading to the roof; the accomplice carried an axe.

Any possible innocent interpretation of the unfolding events disappeared when defendant and Sanchez attacked the officer. Clearly, defendant's arrest was supported by probable cause. (People v McRay, 51 N.Y.2d 594.)

Concur — Sullivan, J.P., Milonas, Rosenberger, Asch and Smith, JJ.


Summaries of

People v. Perez

Appellate Division of the Supreme Court of New York, First Department
Mar 12, 1991
171 A.D.2d 454 (N.Y. App. Div. 1991)
Case details for

People v. Perez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JULIO PEREZ, Appellant

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

Date published: Mar 12, 1991

Citations

171 A.D.2d 454 (N.Y. App. Div. 1991)
567 N.Y.S.2d 36