Legal Opinion

People v. Colletta

Appellate Division of the Supreme Court of the State of New York

Decided December 21, 2001Published

1Opinion of the Court

Judgment unanimously affirmed. Memorandum: Contrary to the contention of defendant, County Court properly denied his motion to suppress, inter alia, marihuana seized by police officers from the enclosed back yard of his residence. Probation officers entered defendant’s premises to execute an arrest warrant for another person residing there and, upon observing marihuana in the back yard, reported their observation to the police. The probation officers were authorized to enter defendant’s premises to execute the arrest warrant (see, United States v Lovelock, 170 F3d 339, 345 [2d Cir], cert…

2Cases cited4 opinions

  1. Horton v. CaliforniaSupreme Court of the United States · 1990
  2. People v. DiazNew York Court of Appeals · 1993
  3. People v. BasilicatoNew York Court of Appeals · 1984
  4. People v. MurrayAppellate Division of the Supreme Court of the State of New York · 1999

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