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PEOPLE v. RICHARDSON

175 A.D.2d 143 (1991)

The People of the State of New York, Respondent, v. Cedric Richardson, Appellant

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

July 1, 1991

Ordered that the judgment is affirmed

The defendant contends that his arrest was illegal since there were no exigent circumstances that excused the police from obtaining an arrest warrant before arresting the defendant in his home (see, Payton v New York, 445 U.S. 573). The Payton claim, however, was neither raised at the pretrial hearing nor at trial and is unpreserved for appellate review

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