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PEOPLE v. SOTO

96 A.D.2d 741 (1983)

The People of the State of New York, Respondent, v. Anselmo Soto, Also Known as Junior, Appellant

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

July 11, 1983

Judgment unanimously reversed, motion to suppress granted and defendant remanded to Oneida County Court for further proceedings on the indictment.

Memorandum.

The warrantless entry of the police into defendant's apartment to arrest him for the sale of drugs was unlawful (see Payton v New York, 445 U.S. 573) and the contraband seized as a result of the police search of the premises after the arrest must be suppressed....

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