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PEOPLE v. GONZALES

2010-09348.

111 A.D.3d 147 (2013)

972 N.Y.S.2d 642

2013 NY Slip Op 6381

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN GONZALES, Appellant.

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

Decided October 2, 2013.

Attorney(s) appearing for the Case

Enrico DeMarco , New York, N.Y., for appellant.

Richard A. Brown , District Attorney, Kew Gardens, N.Y. ( John M. Castellano , Johnnette Traill , and Suzanne H. Sullivan of counsel), for respondent.

LOTT and AUSTIN, JJ., concur with BALKIN, J.; ANGIOLILLO, J.P., dissents in an opinion in which ROMAN, J., concurs.

OPINION OF THE COURT

BALKIN, J.

The police arrested the defendant inside his home. They did not have a warrant, the defendant had not consented to their entry, and the defendant had remained inside his home since before the police arrived. The straightforward issue on this appeal is whether the Supreme Court erred in denying that branch of the defendant's omnibus motion which was to suppress the statement he made in his home after he was arrested. We conclude...

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