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PEOPLE v. CHILCOTT

21 A.D.3d 424 (2005)

799 N.Y.S.2d 421

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KURT CHILCOTT, Appellant.

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

August 8, 2005.

Ordered that the judgment is affirmed.

The defendant contends that he was unlawfully arrested in his apartment without a warrant in violation of Payton v. New York (445 U.S. 573 [1980]), requiring the suppression of his subsequent statements made to the police. The hearing court credited the testimony of the arresting officers and found that no Payton violation occurred because the police entry into the apartment was consensual...

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