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PEOPLE v. MOORE

269 A.D.2d 409 (2000)

704 N.Y.S.2d 91

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DWAYNE MOORE, Appellant.

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

Decided February 7, 2000.

Ordered that the judgment is affirmed.

The hearing court found that the People did not meet their burden of establishing that the police officer's warrantless entry into the defendant's home was made with his consent or justified by exigent circumstances (see, Payton v New York, 445 U.S. 573). Nevertheless, the hearing court denied those branches of the defendant's omnibus motion which were to suppress physical evidence and statements...

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