PEOPLE v. MACHOVOE


242 A.D.2d 898 (1997)

662 N.Y.S.2d 949

The People of the State of New York, Appellant, v. Raymond J. Machovoe, Respondent

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

September 30, 1997


Order unanimously affirmed and indictment dismissed.

Memorandum:

County Court properly granted the motion to suppress evidence obtained by a Batavia police detective as the result of a warrantless entry into the area behind the trailer where defendant was residing. The record supports the court's determination that the detective was not invited or granted permission to enter the area and that no exigent circumstances justified the entry (see, People...

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