PEOPLE v. BURR


124 A.D.2d 5 (1987)

The People of the State of New York, Respondent, v. David Burr, Appellant

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

January 23, 1987


Attorney(s) appearing for the Case

Rose H. Sconiers (Linda Reynolds of counsel), for appellant.

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

DOERR, J. P., and BALIO, J., concur with BOOMER, J.; GREEN and PINE, JJ., dissent and vote to reverse the judgment, grant defendant's motion to suppress and grant a new trial in an opinion by GREEN, J.


BOOMER, J.

Defendant appeals from a judgment, entered upon a jury verdict, convicting him of murder in the second degree. He raises issues concerning his warrantless arrest in his home and the seizure of certain items pursuant to a search warrant. Defendant contends that the initial entry into his home was illegal and that the police exploited the illegality in obtaining his statement and in applying for the search...

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