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PEOPLE v. LOTT

102 A.D.2d 506 (1984)

The People of the State of New York, Respondent, v. Jetter Lott, Appellant

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

July 13, 1984

Attorney(s) appearing for the Case

Palmer, Greenman & Hurley (Herbert Greenman of counsel), for appellant.

Richard J. Arcara, District Attorney (J. Michael Marion and John J. DeFranks of counsel), for respondent.

DENMAN, BOOMER, O'DONNELL and SCHNEPP, JJ., concur.

CALLAHAN, J. P.

This appeal raises interesting issues in applying the principle that absent exigent circumstances or consent, police may not enter a suspect's home to make a warrantless arrest (Payton v New York, 445 U.S. 573; People v Levan, 62 N.Y.2d 139; People v Soto, 96 A.D.2d 741). Did the police action in seizing a loaded...

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