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  5. 45 N.Y.2d 300 (1978)
 

PEOPLE v. PAYTON

45 N.Y.2d 300 (1978)

The People of the State of New York, Respondent, v. Theodore Payton, Appellant. The People of the State of New York, Respondent, v. Obie Riddick, Appellant.

Court of Appeals of the State of New York.

Decided July 11, 1978.

Attorney(s) appearing for the Case

Elliot Schnapp, William E. Hellerstein and William J. Gallagher for appellant in the first above-entitled action.

Robert M. Morgenthau, District Attorney (Henry J. Steinglass and Robert M. Pitler of counsel), for respondent in the first above-entitled action.

David A. Lewis and William E. Hellerstein for appellant in the second above-entitled action.

John J. Santucci, District Attorney (George Freed of counsel), for respondent in the second above-entitled action.

Chief Judge BREITEL and Judges JASEN and GABRIELLI concur with Judge JONES; Judges WACHTLER and FUCHSBERG dissent and vote to reverse and dismiss the indictment in separate dissenting opinions; Judge COOKE dissents and votes to reverse and order a new trial in another dissenting opinion.

JONES, J.

We hold that an entry made for the purpose of effecting a felony arrest within the home of the person to be arrested by a police officer who has entered without permission of the owner, if based on probable cause, is not necessarily violative of the constitutional right to be secure against unreasonable searches and seizures even though the arresting officer has not obtained a warrant and there are...

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