People v. Packer

Malone, J. (dissenting).

Two police officers went to McLane Security, a business located on 36th Street in Manhattan, to arrest Leslie Gabriel, an employee who was suspected of cashing counterfeit checks drawn on McLane Security’s account. Although they were expecting Gabriel to pick up his paycheck there, defendant appeared in his stead, while, as the officers later discovered, Gabriel waited in his car parked in front of the building. The receptionist refused to give defendant the check and told him that Gabriel would have to pick it up himself. After filling out a job application, defendant…