People v. Benthall

Murphy, P. J., and Fein, J.,

dissent in a memorandum by Fein, J., as follows: I would reverse and grant the motion to suppress. Defendant was convicted on plea of criminally possessing a weapon and a controlled substance. Both were seized from his apartment as a result of an illegal, warrantless entry. Police investigating a fatal shooting went in force (10 officers) to defendant’s apartment, 16 days after the crime, without a search warrant. Entry was obtained by subterfuge. The detective heading the search party knocked on the door and announced that he was the building “super”. Defendant…