PEOPLE v. SATORNINO


153 A.D.2d 595 (1989)

The People of the State of New York, Respondent, v. Warren Satornino, Appellant

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

August 7, 1989


Ordered that the judgment is affirmed.

With respect to the defendant's claim that his warrantless arrest in his home violated the rule of Payton v New York (445 U.S. 573), the evidence in the record establishes that the defendant's mother who owned the home consented to the police detectives' entry. Consent can be established by conduct as well as words (see, People v Davis, 120 A.D.2d 606

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