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PEOPLE v. CRUZ

149 A.D.2d 151 (1989)

The People of the State of New York, Respondent, v. Carlos Cruz, Also Known as Carlos J. Cruz, Appellant

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

August 24, 1989

Attorney(s) appearing for the Case

David P. Greenberg of counsel (Abigail Everett with him on the brief; Philip L. Weinstein, attorney), for appellant.

Jonathan R. Walsh of counsel (Billie Manning with him on the brief; Robert T. Johnson, District Attorney, attorney), for respondent.

CARRO, MILONAS and SMITH, JJ., concur.

SULLIVAN, J. P.

At issue is the legality of a warrantless search and seizure which followed a forcible police entry into an apartment occupied by defendant, whose motion to suppress guns and drugs seized as a result of that entry was denied. After an evidentiary hearing, the court found that probable cause existed, justifying the entry, and that exigent circumstances...

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