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PEOPLE v. CUENCAS

2016-06693. Ind. No. 10094/12.

192 A.D.3d 109 (2020)

138 N.Y.S.3d 584

2020 NY Slip Op 08118

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TRAMEL CUENCAS, Appellant.

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

Decided December 30, 2020.

Attorney(s) appearing for the Case

Paul Skip Laisure, New York City (Yvonne Shivers of counsel), for appellant, and appellant pro se.

Eric Gonzalez , District Attorney, Brooklyn ( Leonard Joblove , Sholom J. Twersky and Denise Pavlides of counsel), for respondent.

DILLON, J.P., COHEN and DUFFY, JJ., concur.

OPINION OF THE COURT

This appeal presents an important legal question left open in People v Xochimitl (32 N.Y.3d 1026 [2018]): whether a home visit by law enforcement officials for the sole purpose of making a warrantless arrest, and which is not otherwise justified by exigent circumstances...

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