PEOPLE v. TORRES

68602C/09, 3546.

148 A.D.3d 613 (2017)

2017 NY Slip Op 02384

50 N.Y.S.3d 358

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MELIZA TORRES, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 28, 2017.


The court properly denied defendant's suppression motion. Initially, we find no basis for disturbing the court's credibility determinations, which are supported by the record (see People v Prochilo, 41 N.Y.2d 759, 761 [1977]).

The police were entitled to pass through the unlocked gate to defendant's yard, approach the front door, and knock. Where there is no "evidence of intent to exclude the public, the entryway to a person...

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