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Criminal Law Keyed to Capers
People v. Luke
Citation:
955 N.Y.S.2d 465 (N.Y. App. Div. 2012)Facts
The arresting officer, Raquel Marte, was the prosecution’s sole witness. She testified that on December 19, 2008, she was on vertical patrol at one of the Taft Houses buildings. She testified that tenants would access the building by using a key or the intercom and that there were “no trespassing” signs posted. She went on to testify that the entrance doors to the building were not always locked. She observed the defendant enter the building and then observed defendant board an elevator within a minute of his entering the building. She and her partner boarded an adjacent elevator to the 19th floor. However, she stated that the elevator stopped on the 11th floor, at which time she observed defendant standing in the hallway. Marte and her partner continued up to the 19th floor where they patrolled the roof before taking the stairs down to the 18th floor. Marte testified that she then observed defendant standing in the hallway of the 18th floor. She approached him and asked him if he lived in the building. Defendant informed her that he did not live in the building but was visiting an aunt who was a tenant in the building and that he also had friends in the building. Defendant could not provide an apartment number or the name of his aunt or friends. Defendant was then arrested and searched. No drugs or weapons were found on his person.
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