PEOPLE, & C., RESPONDENT, v. TREVIS FUCHES, A/K/A ERIC WILLIAMS, APPELLANT.
89 N.Y.2d 1005, 679 N.E.2d 635, 657 N.Y.S.2d 396 (1997).
March 27, 1997
1 No. 51 (1997 NY Int. 48)
Decided March 27, 1997
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This memorandum is uncorrected and subject to revision before
publication in the New York Reports.
Pamela Peters, for Appellant.
Tami J. Aisenson, for Respondent.
MEMORANDUM:
The order of the Appellate Division should be affirmed.
On March 25, 1990, Officer Calderin and his partner received a radio
transmission that two males were involved in a dispute, possibly about
drugs, in a second floor apartment at 174 West 141st Street in
Manhattan. As Calderin arrived at the specified building, he observed
defendant, whom he recognized as a resident from prior encounters,
climb out of a second story window and onto the fire escape. Calderin
then heard a metallic noise of an object hitting the fire escape just
before defendant began climbing up.
Calderin informed the other officers at the scene of what he had seen
and then obtained permission to access the fire escape from the
occupants of the third floor apartment situated above the window from
which defendant had emerged. When Calderin descended to the second
floor landing of the fire escape, he observed a .22 caliber handgun
outside a window of the second floor apartment. The gun contained six
rounds of live ammunition.
Calderin then looked through the open, uncurtained window and
observed, in plain view, a white powder-like substance, later
identified as cocaine, on a mirror, in plastic bags and in vials. He
also observed empty vials and two scales. Accompanied by another
officer, Calderin entered the apartment through the open window to
search for armed individuals since at least two disputants had been
reported. As the officers moved through the premises, they noted that
the television and the videocassette recorder were on, signaling
potential occupants, and Calderin noticed photographs of the defendant
and his girlfriend taped to a mirror. The photographs, contraband and
SNIPPETS:
This memorandum is uncorrected and subject to revision before publication in the New York
Pamela Peters, for Appellant.
Tami J. Aisenson, for Respondent.
On March 25, 1990, Officer Calderin and his partner received a radio transmission that two
As Calderin arrived at the specified building, he observed defendant, whom he recognized as a
Calderin informed the other officers at the scene of what he had seen and then obtained
When Calderin descended to the second floor landing of the fire escape, he observed a .22
He also observed empty vials and two scales.
As the officers moved through the premises, they noted that the television and the
The record supports the finding of the trial court that Officer Calderin had reasonable
Given defendant's lack of exclusive control over the use of the fire escape and the trial
The record further supports the finding that the officer had reason to make an investigation
Given the discovery of the loaded handgun and the radio report of two men involved in a
Chief Judge Kaye and Judges Titone, Bellacosa, Smith, Levine, Ciparick and Wesley concur.
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