PEOPLE v. CUNNINGHAM


71 A.D.2d 559 (1979)

The People of the State of New York, Respondent, v. Belinda Cunningham, Appellant The People of the State of New York, Respondent, v. Doris Chambers, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

July 10, 1979


We do not dispute the facts as narrated in the dissenting opinion. Unlike our dissenting brother and contrary to the claim of appellants, we do, however, find the police had probable cause to enter the apartment. We therefore conclude that the evidence was lawfully seized. Probable cause exists, "if the facts and circumstances known to the * * * officer warrant a prudent man in believing that [an] offense has been committed" (People v Oden, 36 N.Y...

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