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PEOPLE v. DeMARTINO

2009-10848.

82 A.D.3d 1260 (2011)

919 N.Y.S.2d 387

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BENJAMIN A. DeMARTINO, Sr., Appellant.

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

Decided March 29, 2011.

Ordered that the judgment is affirmed.

The Supreme Court properly denied that branch of the defendant's omnibus motion which was to suppress physical evidence seized as a result of a warrantless search of the defendant's home (see People v Rodriguez, 77 A.D.3d 280, 287 [2010]). The record supports the Supreme Court's determination that the warrantless entry into the home was...

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