PEOPLE v. GAYLE


79 A.D.2d 717 (1980)

The People of the State of New York, Respondent, v. Leon Gayle, Also Known as Leon Waiters, Appellant

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

December 4, 1980


We are, therefore, constrained to deny retroactive application of the Payton rule in the case at bar. In any event, the exigencies of the situation mandated that the police dispense with the warrant requirement. The investigating officers were dealing with a recent crime with an urgency to locate and discover the instrumentalities and fruits of that crime. More importantly, a threat to the public and police was created by the presence of the second suspect in the motel...

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