People v. Smith

I respectfully dissent and vote to reverse the judgment of conviction based on the illegal entry by the police into defendant’s apartment.

On April 27, 1994, Police Officer Gallo accompanied Mr. Sherrill to 330 West 36th Street in Manhattan pursuant to Sherrill’s complaint that he was assaulted by a man who was "staying” in apartment 708. When they arrived at the apartment, its front door was completely open and Gallo saw defendant inside, cleaning the one-room apartment.

After Sherrill identified defendant as the one who had assaulted him, Gallo, while still outside the apartment, began to…