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PEOPLE v. PETERS

18 N.Y.2d 238 (1966)

The People of the State of New York, Respondent, v. John Francis Peters, Appellant.

Court of Appeals of the State of New York.

Decided July 7, 1966.

Attorney(s) appearing for the Case

Robert S. Friedman for appellant.

Leonard Rubenfeld, District Attorney (James J. Duggan of counsel), for respondent.

Lewis A. Stern and Alan H. Levine for New York Civil Liberties Union, amicus curiæ.

Chief Judge DESMOND and Judges BURKE, SCILEPPI and BERGAN concur with Judge KEATING; Judge FULD dissents and votes to reverse in an opinion; Judge VAN VOORHIS dissents and votes to reverse for the reasons stated in his dissenting opinion in People v. Sibron (, 604), decided herewith.

KEATING, J.

Samuel Lasky was for 18 years a patrolman in the New York City Police Department and for 12 years resided on the sixth and top floor of a Mount Vernon apartment house. At about one o'clock on the afternoon of July 10, 1964, Lasky stepped out of the shower and heard a noise at his front door. Before he could investigate, his phone rang and he answered it. After he completed the call, he went to the...

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