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PEOPLE v. ARNOLD

2013-01447, Ind. No. 9556/10.

139 A.D.3d 748 (2016)

30 N.Y.S.3d 333

2016 NY Slip Op 03518

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SHELDON ARNOLD, Appellant.

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

Decided May 4, 2016.

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. The defendant contends that the cell phone seized from his jacket by a detective should have been suppressed because the police entered his apartment without consent and without a warrant, in violation of Payton v New York (445 U.S. 573, 576 [1980]). The evidence at the...

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