PEOPLE v. VOLPE


60 N.Y.2d 803 (1983)

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

Court of Appeals of the State of New York.

Decided October 27, 1983.


Attorney(s) appearing for the Case

Barry A. Schwartz and Bernard F. Ferrera for appellant.

Robert M. Morgenthau, District Attorney (Jeanne E. Zunich and Amyjane Rettew of counsel), for respondent.

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


MEMORANDUM.

The order of the Appellate Division should be affirmed.

Police officers entered defendant's apartment without a warrant after a Federal agent and the officers overheard incriminating conversations from inside the apartment. Defendant argues that a finding of probable cause cannot be sustained because the agent and officers were not lawfully present in the hallway outside his apartment,

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