People v. Downes

Judgment, Supreme Court, Bronx County (Joseph Fisch, J., at hearing; Gerald Sheindlin, J., at plea and sentence), rendered January 7, 1997, convicting defendant of attempted burglary in the second degree, and sentencing him, as a second felony offender, to a term of 2½ to 5 years, unanimously affirmed.

Defendant’s suppression motion was properly denied. Late at night the police observed that a liquor store had been burglarized, whereupon a man ran into the street saying, “the van, the van” and pointed down the street. After ascertaining from the man that the van was brown, the officers drove…