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PEOPLE v. McBRIDE

No. 70

14 N.Y.3d 440 (2010)

928 N.E.2d 1027

902 N.Y.S.2d 830

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NORMAN McBRIDE, Appellant.

Court of Appeals of New York.

Decided April 29, 2010.

Attorney(s) appearing for the Case

Fried, Frank, Harris, Shriver & Jacobson LLP, New York City ( Joshua Roth , Peter Simmons and Jennifer Colyer of counsel), and Office of the Appellate Defender ( Richard M. Greenberg and Daniel A. Warshawsky of counsel) for appellant.

Robert M. Morgenthau , District Attorney, New York City ( Dana Poole and Alan Gadlin of counsel), for respondent.

Judges GRAFFEO, READ and SMITH concur with Judge CIPARICK; Judge PIGOTT dissents in a separate opinion in which Judge JONES concurs; Chief Judge LIPPMAN taking no part.

OPINION OF THE COURT

CIPARICK, J.

The primary issue presented by this appeal is whether defendant's constitutional right to be free from an unlawful search and seizure was violated when the police entered his home without a warrant. We conclude that there is evidence in the record to support the determination that exigent circumstances justified the warrantless entry.

A grand jury indicted defendant...

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