Appellate Division of the Supreme Court of the State of New York April 13, 1978 (People v. Thomas)

Judgment of conviction, Supreme Court, New York County, unanimously reversed, on the law, the motion to suppress granted, and the indictment dismissed. Police officers, from the vantage point of a fifth floor window, observed defendant-appellant, through binoculars, below on the steps of a building across the street.