Opinion
2015-03-25
The PEOPLE, etc., appellant, v. Leodia MITCHELL, respondent.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Edward S. Saslaw of counsel), for appellant. Seymour W. James, Jr., New York, N.Y. (Allen Fallek of counsel), for respondent.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Edward S. Saslaw of counsel), for appellant. Seymour W. James, Jr., New York, N.Y. (Allen Fallek of counsel), for respondent.
Appeal by the People from an order of the Supreme Court, Queens County (Lebowitz, J.), dated June 20, 2012, which, after a hearing, granted the defendant's motion to suppress physical evidence and his statements to law enforcement officials.
ORDERED that the order is affirmed.
Contrary to the People's contentions, the record supports the hearing court's finding that the building in which the defendant lived was a rooming house and that it was his home for purposes of Fourth Amendment analysis ( see People v. Garriga, 189 A.D.2d 236, 240–241, 596 N.Y.S.2d 25; People v. Lott, 102 A.D.2d 506, 510, 478 N.Y.S.2d 193). Accordingly, the warrantless arrest of the defendant inside his home in the absence of exigent circumstances or consent constituted an unlawful arrest ( see Payton v. New York, 445 U.S. 573, 100 S.Ct. 1371, 63 L.Ed.2d 639). In light of the violation of the defendant's rights under Payton, the hearing court properly granted his motion to suppress physical evidence and his statements to law enforcement officials ( see People v. Harris, 77 N.Y.2d 434, 437, 568 N.Y.S.2d 702, 570 N.E.2d 1051; People v. Knapp, 52 N.Y.2d 689, 697, 439 N.Y.S.2d 871, 422 N.E.2d 531). MASTRO, J.P., AUSTIN, COHEN and BARROS, JJ., concur.