People v. Carmen

Judgment unanimously affirmed. Memorandum: The hearing testimony fully supports the suppression court’s finding that defendant consented to the warrantless entry of his apartment by the police. Thus, there was no Payton violation (see, Payton v New York, 445 US 573), and the court properly refused to suppress physical evidence found subsequent to that entry (see, People v McCrary, 152 AD2d 710; People v Brown, 144 AD2d 975, lv denied 73 NY2d 889). The court also did not err in rejecting defendant’s motion to suppress the contents of a zippered black pouch that was opened by police incidental…