People v. Lowe

Tom, J. (dissenting in part).

On the evening of June 14, 1990, defendant Donald Lowe had been drinking ouzo (a powerful Greek liquor) and beer with his friends Calvin Johnson (Calvin), as well as William Owes and others, on the stoop in front of the building designated as 2352 Walton Avenue, Bronx, New York. At some point, Mr. Owes left the group and went upstairs into the apartment (the Apartment) he shared with Calvin; Calvin’s sister, Calvina Johnson; and Calvin’s father, Calvin Johnson, Sr. (Mr. Johnson).

At approximately 11:00 p.m. that same evening, Calvina was mopping the floor when she…