People v. Marner

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed.

At 4:30 a.m. on January 29, 1976 and shortly before the defendant was arrested, two police officers observed that a portion of the storefront at 510 Fulton Street in Brooklyn, occupied by the J. W. Mays Department Stores, had been shattered and that property was scattered and had been removed from the premises. At this hour the area is deserted, but is an area which has experienced a number of store burglaries. The officers secured the premises, notified the store’s representative of the burglary, and when…