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PEOPLE v. BELIN

28 N.Y.2d 861 (1971)

The People of the State of New York, Respondent, v. William Belin, Appellant.

Court of Appeals of the State of New York.

Decided May 12, 1971.

Attorney(s) appearing for the Case

Donald H. Zuckerman and Milton Adler for appellant.

Burton B. Roberts, District Attorney (Michael H. Du Boff of counsel), for respondent.

Concur: Judges SCILEPPI, BERGAN, JASEN and GIBSON. Dissent: Chief Judge FULD and Judges BURKE and BREITEL.

Judgment affirmed; no opinion.

Chief Judge FULD and Judges BURKE and BREITEL dissent and vote to reverse and dismiss the information in the following memorandum: The interior corridor in this former apartment in a multiple dwelling was not a public way but one used exclusively by the room tenants and their licensees. Consequently, the police officer was not entitled to enter and the discoveries he made as a result of such entry did not produce admissible...

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