Legal Opinion

People v. McBride

New York Court of Appeals

Decided April 29, 2010No. 70PublishedCited by 73 opinions

1Opinion of the Court

OPINION OF THE COURT

CIPARICK, J.

The primary issue presented by this appeal is whether defendant’s constitutional right to be free from an unlawful search and seizure was violated when the police entered his home without a warrant. We conclude that there is evidence in the record to support the determination that exigent circumstances justified the warrantless entry.

A grand jury indicted defendant for first degree robbery (Penal Law § 160.15 [4]), second degree robbery (Penal Law § 160.10 [1]), and other related charges stemming from an incident that occurred on March 21, 2004 at a Manhattan…

2Cases cited16 opinions

  1. Payton v. New YorkSupreme Court of the United States · 1980
  2. People v. ChippNew York Court of Appeals · 1990
  3. People v. MitchellNew York Court of Appeals · 1976
  4. Kirk v. LouisianaSupreme Court of the United States · 2002
  5. People v. LevanNew York Court of Appeals · 1984

11 more not listed; retrieve them via the Exa API.

3Cited by73 opinions

  1. People v. DelamotaNew York Court of Appeals · 2011
  2. People v. SanchezNew York Court of Appeals · 2013
  3. People v. DollNew York Court of Appeals · 2013
  4. The People v. Todd HolleyNew York Court of Appeals · 2015
  5. The People v. Julio NegronNew York Court of Appeals · 2015

68 more not listed; retrieve them via the Exa API.

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