PEOPLE v. LEVAN


62 N.Y.2d 139 (1984)

The People of the State of New York, Respondent, v. Alex Levan, Appellant.

Court of Appeals of the State of New York.

Decided May 15, 1984.


Attorney(s) appearing for the Case

William E. Hellerstein and Gary Divis for appellant.

Robert M. Morgenthau, District Attorney (Emily Berger, Robert M. Pitler and Amyjane Rettew of counsel), for respondent.

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


KAYE, J.

Police may not, absent exigent circumstances or consent, enter a suspect's home to make a warrantless arrest. In view of the findings of no exigent circumstances and no consent, the order of the Appellate Division affirming defendant's conviction should be reversed, as his warrantless arrest in his apartment was unlawful and the failure to suppress evidence seized in a search incident to that arrest...

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