People v. Marano

Judgment, Supreme Court, New York County (Bruce Allen, J.), rendered January 6, 1994, convicting defendant, upon his guilty plea, of attempted burglary in the second degree, and sentencing him to five years probation, unanimously affirmed.

The police had a common-law right to question defendant and his companion, who at 3:00 a.m. were the lone occupants of a car near the lower Manhattan crime scene of a burglary, after learning that the two perpetrators in custody had come from the Bronx and had been seen earlier that evening in the company of two others (People v De Bour, 40 NY2d 210,…