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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WAYNE JOHNSON, Appellant.

Judgment unanimously affirmed. Memorandum: Defendant, a known burglar, was observed by the police shortly before noon walking and looking at houses in a neighborhood which had a "rash" of recent daytime burglaries. These circumstances aroused the interest of the officers and justified a brief limited inquiry (see People v. Carrasquillo, 54 N.Y.2d 248; People v Howard, 50 N.Y.2d 583; People v. De Bour, 40 N.Y.2d 210). The totality of evidence supports County Court's finding that defendant thereafter voluntarily consented to accompany the police and defendant's suppression motion was properly denied (see United States v. Mendenhall, 446 U.S. 544; People v Morales, 42 N.Y.2d 129, 137-138, cert den 434 U.S. 1018; People v Munro, 86 A.D.2d 683; see, also, United States v. Watson, 423 U.S. 411).

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PEOPLE v. JOHNSON
(Dec 16, 1983)