People v. Harper

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KERRY HARPER, Appellant

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

Date published: Apr 7, 1986

119 A.D.2d 587 (N.Y. App. Div. 1986)

Opinion

April 7, 1986

Appeal from the Supreme Court, Kings County (Feldman, J.).

Judgment affirmed.

We reject the defendant's contention that his arrest was made in violation of US Constitution 4th Amendment. Since the defendant's wife consented to the police entry into their home, the arrest therein was proper (see, United States v. Kornblau, 586 F. Supp. 614; cf. Payton v. New York, 445 U.S. 573, 583.

The defendant's remaining contentions are either not preserved for appellate review or without merit. Mangano, J.P., Gibbons, Brown and Lawrence, JJ., concur.