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PEOPLE v. MARTIN

50 N.Y.2d 1029 (1980)

The People of the State of New York, Respondent, v. Stephen D. Martin, Appellant.

Court of Appeals of the State of New York.

Decided July 3, 1980.

Attorney(s) appearing for the Case

James J. Harrington and Steven B. Prystowsky for appellant.

Thomas R. Sullivan, District Attorney (George E. McVay of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI and JONES concur in memorandum; Judge MEYER concurs in result on the basis of the last paragraph of the majority memorandum; Judge WACHTLER dissents and votes to reverse in an opinion in which Judge FUCHSBERG concurs.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

It is defendant's contention that, although the police may have had probable cause to arrest him, they acted improperly when they entered his home for that purpose without first obtaining an arrest warrant (Payton v New York, 445 U.S. 573). Consequently, defendant argues, the evidence obtained as a result of...

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