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PEOPLE v. GLIA

226 A.D.2d 66 (1996)

651 N.Y.S.2d 967

The People of the State of New York, Appellant, v. Ilan Glia, Respondent

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

December 19, 1996

Attorney(s) appearing for the Case

Diana Fabi Samson of counsel (Norman Barclay on the brief; Robert M. Morgenthau, District Attorney of New York County, attorney), for appellant.

Steven J. Miraglia of counsel (Daniel L. Greenberg, attorney), for respondent.

ELLERIN and KUPFERMAN, JJ., concur with RUBIN, J.; ROSENBERGER, J. P., dissents in a separate opinion.

RUBIN, J.

The question framed by defendant on this appeal is whether exigent circumstances justified the warrantless entry by police into his home in order to effect his arrest. Defendant contends that the conduct of the police in this case, evaluated in light of the factors enumerated by this Court in People v Cruz (149 A.D.2d 151, 160 [Sullivan, J.]), contravened his...

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