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PEOPLE v. BURR

70 N.Y.2d 354 (1987)

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

Court of Appeals of the State of New York.

Decided October 20, 1987.

Attorney(s) appearing for the Case

Linda S. Reynolds, Rose H. Sconiers and John A. Ziegler for appellant.

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

Chief Judge WACHTLER and Judges SIMONS, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.

KAYE, J.

In seeking to overturn his murder conviction, defendant challenges the legality of the warrantless arrest in his home, as well as the admission of physical evidence seen before — but taken from his home after — a search warrant was obtained. While we recognize that a confirmatory search1 may require the suppression of evidence, the record in this case supports...

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