PEOPLE v. RODRIGUEZ


38 Misc.2d 949 (1963)

The People of the State of New York, Appellant, v. Emiliano Rodriguez, Respondent.

Supreme Court, Appellate Term, First Department.

January 4, 1963


Attorney(s) appearing for the Case

Isidore Dollinger, District Attorney (Walter E. Dillon and Bertram R. Gelfand of counsel), for appellant. Benedict A. Caiola for respondent.

Concur — HOFSTADTER, J. P., HECHT and TILZER, JJ.


Per Curiam.

The police officer, authorized by the warrant to search both the defendant's premises and his person for written records of illegal gambling activity, was admitted to the apartment by the defendant's daughter freely. No deceit or trickery was used to gain admittance. The officer fully satisfied all constitutional requirements when, having been admitted to the apartment in the circumstances stated, he promptly...

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