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PEOPLE v. KALAJ

247 A.D.2d 633 (1998)

669 N.Y.S.2d 358

The People of the State of New York, Respondent, v. Robert Kalaj, Appellant

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

February 23, 1998

Ordered that the judgment is affirmed.

The hearing court properly denied that branch of the defendant's omnibus motion which was to suppress the gun found in the defendant's apartment. Contrary to the defendant's contention, the police entry into his home did not violate Payton v New York (445 U.S. 573). There was sufficient evidence in the record to support the hearing court's conclusion that the defendant consented to the police...

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