Opinion
Argued April 19, 1971
Decided May 12, 1971
Appeal from the Supreme Court in the First Judicial Department, WALTER H. GLADWIN, J.
Donald H. Zuckerman and Milton Adler for appellant.
Burton B. Roberts, District Attorney ( Michael H. Du Boff of counsel), for respondent.
Judgment affirmed; no opinion.
Concur: Judges SCILEPPI, BERGAN, JASEN and GIBSON. Chief Judge FULD and Judges BURKE and BREITEL dissent and vote to reverse and dismiss the information in the following memorandum: The interior corridor in this former apartment in a multiple dwelling was not a public way but one used exclusively by the room tenants and their licensees. Consequently, the police officer was not entitled to enter and the discoveries he made as a result of such entry did not produce admissible evidence.