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People v. Ball

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 23, 1973
41 A.D.2d 689 (N.Y. App. Div. 1973)

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. Lee

Opinion

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.


Summaries of

People v. Ball

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 23, 1973
41 A.D.2d 689 (N.Y. App. Div. 1973)

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. Lee
Case details for

People v. Ball

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CURTIS LEE BALL…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Feb 23, 1973

Citations

41 A.D.2d 689 (N.Y. App. Div. 1973)

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