Summary
In People v. Ball (41 A.D.2d 689), the police in a burglary investigation were voluntarily admitted into the premises by one of the occupants.
Summary of this case from People v. LeeOpinion
February 23, 1973
Appeal from the Onondaga Supreme Court.
Present — Del Vecchio, J.P., Marsh, Witmer and Simons, JJ.
Judgment unanimously affirmed. Memorandum: The Syracuse police, during the course of investigating a burglary, were voluntarily admitted into premises at 307 Irving Avenue by the person at the door. While questioning appellant and two other suspects inside the house, they seized part of a watch lying on a book shelf above the suspects' heads. Since the police lawfully gained entry to the premises, they were entitled to seize evidence in plain view without a warrant even though the arrest was not made until several days later. ( People v. Gallmon, 19 N.Y.2d 389, cert. den. 390 U.S. 911; People v. Manning, 40 A.D.2d 572; and see Coolidge v. New Hampshire, 403 U.S. 443, 465-473; Ker v. California, 374 U.S. 23, 42-43.) The trial court's denial of appellant's application to suppress this evidence was proper.