PEOPLE v. VOLPE


89 A.D.2d 510 (1982)

The People of the State of New York, Respondent, v. John Volpe, Appellant

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

July 1, 1982


The outstanding stay of execution of sentence is vacated, and defendant-appellant directed to surrender. The facts are fairly stated in the dissent and require little comment. Even the dissent seems to concede that there were sufficient grounds to induce a court to issue a search warrant; however, there was good and sufficient reason not to apply for one. The conduct of the police in using the volunteered service of defendant-appellant's visitors to gain entrance was eminently...

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