Opinion
April 17, 1989
Appeal from the County Court, Nassau County (Boklan, J.).
Ordered that the judgment is affirmed.
A police officer, while investigating a burglary, approached the door of the defendant's basement apartment by the common means of ingress and egress thereto. Thus, the officer did not intrude into any area in which the defendant had a legitimate expectation of privacy (see, People v. Kozlowski, 69 N.Y.2d 761) and his observations through a window situated next to the door to the defendant's apartment of objects in open view did not constitute a search in violation of the defendant's rights under the Fourth Amendment (see, People v. Farenga, 42 N.Y.2d 1092; People v. Alberti, 111 A.D.2d 860; People v. Crapo, 103 A.D.2d 943; 1 LaFave, Search and Seizure § 2.3 [c], at 390). Nor was suppression of the photographs taken through the same window required as they simply recorded the officer's observations of those objects in open view (see, State v. Dickerson, 313 N.W.2d 526 [Iowa]; State v. Louis, 296 Or. 57, 672 P.2d 708). Thompson, J.P., Lawrence, Eiber and Spatt, JJ., concur.