PEOPLE v. BROWN


122 A.D.2d 567 (1986)

The People of the State of New York, Appellant, v. James D. Brown, Respondent

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

July 11, 1986


Order unanimously reversed, on the law, and motion denied.

Memorandum:

The warrantless arrest of defendant in his home on probable cause, but without exigency, violated the 4th Amendment (Payton v New York, 445 U.S. 573). Following the arrest, defendant was escorted to a police vehicle and given his Miranda warnings. Thereafter, defendant was neither questioned nor otherwise engaged in conversation by the police...

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