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PEOPLE v. CARMEN

167 A.D.2d 913 (1990)

The People of the State of New York, Respondent, v. Clarence Carmen, III, Appellant

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

November 16, 1990

Judgment unanimously affirmed.

Memorandum:

The hearing testimony fully supports the suppression court's finding that defendant consented to the warrantless entry of his apartment by the police. Thus, there was no Payton violation (see, Payton v New York, 445 U.S. 573), and the court properly refused to suppress physical evidence found subsequent to that entry (see, People v McCrary,

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