The People v. Shawn J. Sivertson

As a matter of law, there is no record evidence to support the trial court’s ruling that exigent circum*1008stances justified the warrantless entry into defendant’s home.1 Therefore, the Appellate Division should be reversed and a new trial ordered. I dissent.

I

Defendant was charged with one count of robbery in the first degree for stealing a few dollars from a donation jar inside a convenience store located near the University of Buffalo campus. According to the testimony at the hearing on defendant’s suppression motion, 15 to 20 officers from the Buffalo Police Department, Niagara Frontier…