People v. Gallmon

The issue is whether the arrest of the defendant was unlawful because in violation of section 178 of the Code of Criminal Procedure, requiring a police officer to announce his office and purpose before effecting an entrance into private premises in order to make an arrest. If so, the conviction must be set aside, the evidence of the crime having been obtained only as a result of the entrance made without announcement.

Defendant had been convicted in the Criminal Court of the City of New York of possession of narcotics instruments in violation of section 1747-e of the Penal Law, a misdemeanor.…