PEOPLE v. PONTO


103 A.D.2d 573 (1984)

The People of the State of New York, Appellant, v. Landrah Ponto, Respondent

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

October 29, 1984


Attorney(s) appearing for the Case

John J. Santucci, District Attorney (Thelma Lee of counsel), for appellant.

Joseph R. Maddalone, Jr., for respondent.

LAZER, J. P., THOMPSON and EIBER, JJ., concur.


WEINSTEIN, J.

We are called upon on this appeal to determine the constitutional validity of a seizure of physical evidence subsequent to a warrantless entry by police into a defendant's furnished room based upon the homeowner's representation that defendant had therein a gun with which he had threatened her. At the time of the entry, defendant was substantially in arrears in his weekly rental payments. Necessarily...

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