PEOPLE v. PAYTON


51 N.Y.2d 169 (1980)

The People of the State of New York, Respondent, v. Theodore Payton, Appellant.

Court of Appeals of the State of New York.

Decided October 14, 1980.


Attorney(s) appearing for the Case

William E. Hellerstein for appellant.

Robert M. Morgenthau, District Attorney (Peter L. Zimroth, Brian Rosner and Vivian Berger of counsel), for respondent.

Judges JASEN, GABRIELLI, JONES, FUCHSBERG and MEYER concur with Judge WACHTLER; Chief Judge COOKE dissents in part and votes to reverse, grant defendant's motion to suppress and order a new trial in a separate opinion.


WACHTLER, J.

The defendant has been convicted of murder at a trial in which the prosecutor introduced a shell casing found in the defendant's apartment, when the police forcibly entered to arrest him without a warrant. On appeal the United States Supreme Court held that the police may not enter private premises without a warrant unless there are exigent circumstances and found unconstitutional certain New York...

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