PEOPLE v. HILL

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Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. Dwayne HILL, Defendant-Appellant.

Decided: March 25, 1999

ELLERIN, P.J., SULLIVAN, LERNER and RUBIN, JJ. David M. Cohn, for Respondent. Elon Harpaz, for Defendant-Appellant.

Judgment, Supreme Court, New York County (Richard Andrias, J.), rendered October 27, 1995, convicting defendant, after a jury trial, of eleven counts of robbery in the second degree and eleven counts of burglary in the second degree, and sentencing him, as a second violent felony offender, to an aggregate term of 19 to 38 years, unanimously affirmed.

 Defendant's suppression motion was properly denied.   His arrest for criminal trespass was supported by probable cause, including evidence that defendant engaged in unmistakable “casing”-type behavior, ran to a building where a woman had just entered, engaged in various suspicious activity toward the woman, and told the police that he was visiting an individual who was not there, whereas the building superintendent informed the police that no such person lived in the building (see, People v. Judge, 236 A.D.2d 319, 654 N.Y.S.2d 17, lv. denied 89 N.Y.2d 1037, 659 N.Y.S.2d 867, 681 N.E.2d 1314;  see also, People v. Gonzalez, 250 A.D.2d 545, 673 N.Y.S.2d 142, lv. denied 92 N.Y.2d 897, 680 N.Y.S.2d 61, 702 N.E.2d 846).   The totality of circumstances negated the possibility that defendant was legitimately but unsuccessfully attempting to locate an acquaintance.

MEMORANDUM DECISION.