Opinion
March 28, 1991
Appeal from the Supreme Court, New York County (Franklin Weissberg, J.).
The complainant, soon after he was shot by the defendant, identified the defendant to the police by name and address, and specifically advised the police that the defendant had a .38-caliber revolver. When the police went to the defendant's apartment and identified themselves, defendant opened the door, whereupon defendant was arrested without a warrant. Applying the factors set forth in People v Cruz ( 149 A.D.2d 151), we find exigent circumstances adequately justifying the warrantless arrest of the defendant. Even if we were to conclude that the arrest was improper, we would not find that the factors set forth in Brown v Illinois ( 422 U.S. 590) justified a conclusion that the defendant's spontaneous post-arrest boast that he would "beat" the charges was the fruit of an illegal arrest.
We have reviewed the defendant's remaining arguments, and find them to be without merit.
Concur — Murphy, P.J., Rosenberger, Wallach and Smith, JJ.