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PEOPLE v. WHEELER

2 N.Y.3d 370 (2004)

811 N.E.2d 531

779 N.Y.S.2d 164

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v MICHAEL WHEELER, Appellant.

Court of Appeals of the State of New York.

Decided May 13, 2004.

Attorney(s) appearing for the Case

Patterson, Belknap, Webb & Tyler LLP, New York City (Jessica A. Golden of counsel), and Appellate Advocates (Lynn W.L. Fahey, Barry Stendig and Erica Horwitz of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn (Jane S. Meyers and Leonard Joblove of counsel), for respondent.

Chief Judge Kaye and Judges G.B. Smith, Rosenblatt, Graffeo, Read and R.S. Smith concur.

OPINION OF THE COURT

CIPARICK, J.

On November 17, 1993, a team of three officers from the New York City Department of Probation Warrant Squad set out to execute two felony arrest warrants for grand larceny and a drug-related offense against a probation violator. Pursuant to the warrants, the officers went to an apartment in Brooklyn where the probationer was thought to be staying. Officer Groves knocked on the door and announced his purpose. An unidentified...

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