People v. Diviesti
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtRose, J.
Initially, we conclude that defendant’s 4th Amendment rights were not violated. The deputy who found the matching license plate on a still-warm vehicle in the driveway of defendant’s residence knocked on the door, did not receive any response and, finding it unlocked, opened the door and took two or three steps inside. The deputy saw defendant standing at the top of the *1164stairway inside the house, called to him and asked him to come outside to speak with her. Once defendant voluntarily stepped outside the residence, the deputy engaged him in conversation, determined his identity and, based on…
2Cases cited13 opinions
- Payton v. New YorkSupreme Court of the United States · 1980
- People v. RiveraNew York Court of Appeals · 1988
- In re PadillaNew York Court of Appeals · 1986
- People v. BriscoNew York Court of Appeals · 2003
- People v. D'ANTUONONew York Court of Appeals · 2012
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3Cited by2 opinions
- People v. PoinvilAppellate Terms of the Supreme Court of New York · 2015
- People v. FrederickAppellate Terms of the Supreme Court of New York · 2014