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PEOPLE v. BENTON

13 A.D.3d 97 (2004)

786 N.Y.S.2d 446

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CRAIG BENTON, Appellant.

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

December 7, 2004.

The court properly denied defendant's suppression motion. There was no violation of Payton v New York (445 U.S. 573 [1980]) because, as the court specifically found (see CPL 470.05 [2]; People v Davis, 308 A.D.2d 343 [2003], lv denied 1 N.Y.3d 570 [2003]), the police simply knocked on defendant's door and defendant admitted them to his apartment. Furthermore, defendant then voluntarily...

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