PEOPLE v. SCHIAVO


212 A.D.2d 816 (1995)

623 N.Y.S.2d 273

The People of the State of New York, Respondent, v. Robert Schiavo and B & S Salvage, Inc., Appellants

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

February 27, 1995


Ordered that the judgments are affirmed, and the matter is remitted to the County Court, Nassau County, for further proceedings pursuant to CPL 460.50 (5).

On appeal, the defendants contend that the County Court erred in denying the branch of their omnibus motion which was to suppress physical evidence because the police violated Payton v New York (445 U.S. 573), by arresting the defendant Robert Schiavo inside his home without...

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