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People v. Gordon

Appellate Division of the Supreme Court of New York, Second Department
Feb 5, 1979
67 A.D.2d 931 (N.Y. App. Div. 1979)

Opinion

February 5, 1979


Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered July 29, 1977, convicting him of manslaughter in the first degree, upon his plea of guilty, and imposing sentence. The appeal also brings up for review the denial of defendant's motion to suppress certain physical evidence. Judgment affirmed. The record shows that at the suppression hearing defense counsel either conceded the identity and reliability of the telephone caller who informed the police of defendant's address, or waived the potential issue with respect thereto. The police had probable cause to enter the apartment where the defendant was found and arrested and, under the circumstances, did not violate defendant's constitutional right to be secure from unreasonable searches and seizures (see People v. Payton, 45 N.Y.2d 300). The motion to suppress physical evidence was thus properly denied. We have considered the other contentions raised by defendant and find them to be without merit. Mollen, P.J., Damiani, Margett and Martuscello, JJ., concur.


Summaries of

People v. Gordon

Appellate Division of the Supreme Court of New York, Second Department
Feb 5, 1979
67 A.D.2d 931 (N.Y. App. Div. 1979)
Case details for

People v. Gordon

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDDIE GORDON, Appellant

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

Date published: Feb 5, 1979

Citations

67 A.D.2d 931 (N.Y. App. Div. 1979)

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