Legal Opinion

People v. Foster

Appellate Division of the Supreme Court of the State of New York

Decided December 31, 1997PublishedCited by 2 opinions

1Opinion of the Court

—Judgment unanimously affirmed. Memorandum: Defendant contends that County Court erred in refusing to suppress evidence of a showup identification on the ground that it was the fruit of an unlawful entry into his apartment. We disagree. Police may enter private premises without a warrant if they have probable cause to believe that an occupant has committed a crime or that contraband will be found there, and if exigent circumstances justify the entry (see, People v Clements, 37 NY2d 675, cert denied sub nom. Metzger v New York, 425 US 911; People v Anzalone, 170 AD2d 397, lv denied 77 NY2d…

2Cases cited6 opinions

  1. People v. BleakleyNew York Court of Appeals · 1987
  2. People v. ClementsNew York Court of Appeals · 1975
  3. People v. BradleyAppellate Division of the Supreme Court of the State of New York · 1990
  4. People v. GatesAppellate Division of the Supreme Court of the State of New York · 1993
  5. People v. AnzaloneAppellate Division of the Supreme Court of the State of New York · 1991

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3Cited by2 opinions

  1. People v. BrownAppellate Division of the Supreme Court of the State of New York · 2000
  2. People v. BrownAppellate Division of the Supreme Court of the State of New York · 2000

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