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PEOPLE v. JENKINS

No. 148

24 N.Y.3d 62 (2014)

20 N.E.3d 639

995 N.Y.S.2d 694

2014 NY Slip Op 07007

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BENJAMIN JENKINS, Appellant.

Court of Appeals of New York.

Decided October 16, 2014.

Attorney(s) appearing for the Case

Steven Banks , The Legal Aid Society, Criminal Appeals Bureau, New York City ( Allen Fallek of counsel), for appellant.

Kenneth P. Thompson , District Attorney, Brooklyn ( Sholom J. Twersky and Leonard Joblove of counsel), for respondent.

Chief Judge LIPPMAN and Judges GRAFFEO, READ, SMITH, RIVERA and ABDUS-SALAAM concur.

OPINION OF THE COURT

PIGOTT, J.

At issue in this appeal is whether a police officer's warrantless search of a closed metal box in defendant's home was reasonable under the "exigent circumstances" exception to the warrant requirement. We conclude that it was not.

Shortly after midnight on January 1, 2010, New York City Police Officer Kevin Brennan and another officer entered an apartment building after hearing gunshots and observing muzzle fire from...

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