PEOPLE v. ETCHEVERRY


39 N.Y.2d 252 (1976)

The People of the State of New York, Respondent, v. Marcel Etcheverry, Appellant.

Court of Appeals of the State of New York.

Decided April 8, 1976.


Attorney(s) appearing for the Case

Eugene Murphy, James J. McDonough and Matthew Muraskin for appellant.

Denis Dillon, District Attorney (William C. Donnino and Anthony J. Girese of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, FUCHSBERG and COOKE concur with Judge WACHTLER; Judge JASEN concurs in a separate opinion in which Chief Judge BREITEL and Judge JONES also concur.


WACHTLER, J.

This appeal involves the validity of a search of a house where the defendant, believed to be armed, was hiding on the premises to avoid arrest pursuant to a valid warrant.

On March 21, 1973 the police went to the house of the defendant's mother to execute an arrest warrant for assault which had been issued approximately one year earlier. The officers were acting on information from a confidential...

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