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PEOPLE v. MOLNAR

98 N.Y.2d 328 (2002)

774 N.E.2d 738

746 N.Y.S.2d 673

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALEXANDER J. MOLNAR, Appellant.

Court of Appeals of the State of New York.

Decided July 2, 2002.

Attorney(s) appearing for the Case

Legal Aid Bureau of Buffalo, Inc., Buffalo (Barbara J. Davies and David C. Schopp of counsel), for appellant.

Frank J. Clark, District Attorney, Buffalo (J. Michael Marion of counsel), for respondent.

Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, WESLEY and GRAFFEO concur.

OPINION OF THE COURT

ROSENBLATT, J.

Defendant was convicted of murder for brutally bludgeoning and strangling his paramour. After a neighbor complained to police about an overwhelming odor emanating from defendant's apartment on Herkimer Street in Buffalo, officers entered and found the victim's decomposing body in the closet. Defendant argues that because the police did not have a search warrant, the body and all evidence stemming from its discovery must...

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