PEOPLE v. GALLMON


19 N.Y.2d 389 (1967)

The People of the State of New York, Respondent, v. Jesse Gallmon, Appellant.

Court of Appeals of the State of New York.

Decided April 18, 1967.


Attorney(s) appearing for the Case

Malvine Nathanson and Anthony F. Marra for appellant.

Frank S. Hogan, District Attorney (Malvina H. Guggenheim and H. Richard Uviller of counsel), for respondent.

Judges BURKE, SCILEPPI and BERGAN concur with Judge BREITEL; Chief Judge FULD dissents and votes to reverse in an opinion in which Judges VAN VOORHIS and KEATING concur.


BREITEL, J.

The issue is whether the arrest of the defendant was unlawful because in violation of section 178 of the Code of Criminal Procedure, requiring a police officer to announce his office and purpose before effecting an entrance into private premises in order to make an arrest. If so, the conviction must be set aside, the evidence of the crime having been obtained only as a result of the entrance made...

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