PEOPLE v. MAHONEY


58 N.Y.2d 475 (1983)

The People of the State of New York, Respondent, v. Peter R. Mahoney, Appellant.

Court of Appeals of the State of New York.

Decided March 31, 1983.


Attorney(s) appearing for the Case

Douglas P. Rutnik for appellant.

Sol Greenberg, District Attorney (Ilene R. Bergman of counsel), for respondent.

Chief Judge COOKE and Judges JONES, WACHTLER, FUCHSBERG, MEYER and SIMONS concur.


JASEN, J.

On this appeal, we are asked to decide whether police officers with knowledge that a warrant authorizing the search of a suspect's home has been issued and is en route may enter those premises before the warrant arrives.

On May 16, 1981, at approximately 8:00 P.M., Detective Raymond Milham of the Town of Colonie Police Department and a police informant arrived at the Holiday Inn on Route 5 in...

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