People v. Cloud

Defendant appeals, by permission of this court, from an order of the Supreme Court, which denied his motion, brought pursuant to CPL 440.10, to vacate the judgments respectively convicting him, after a jury trial, of murder in the second degree, and upon his plea of guilty, of two counts of robbery in the first degree. I would hold that the police action resulting in the seizure of defendant at his residence, a hotel room, as well as three weapons, to wit, a .38 caliber revolver and two sawed-off shotguns, was unconstitutional.

Specifically, the police action violated the rule established in *96Pa…