People v. Brown

Judgment unanimously affirmed. Memorandum: We find no Payton violation (see, Payton v New York, 445 US 573), as suggested by defendant, since there has been no showing that the police made a nonconsensual entry into defendant’s home to effect his arrest (People v Clinkscales, 134 AD2d 889, lv denied 70 NY2d 1005). The record discloses that the police officer approached defendant’s *976home, knocked on the door, and arrested defendant when he voluntarily opened the door. There is no indication that police used any force to enter the premises, that the officer in any way threatened defendant or…