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PEOPLE v. ANTHONY

93 A.D.2d 892 (1983)

The People of the State of New York, Respondent, v. Willie Anthony, Appellant

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

April 25, 1983

Judgment reversed, on the law, that branch of defendant's motion seeking suppression of statements made by him granted and matter remitted to the County Court, Nassau County, for further proceedings.

The warrantless arrest of defendant in his apartment was constitutionally impermissible (Payton v New York, 445 U.S. 573). Since the defendant had not been convicted when the Supreme Court held that Payton should be applied...

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