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People v. Ferguson

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 15, 1985
115 A.D.2d 333 (N.Y. App. Div. 1985)

Opinion

November 15, 1985

Appeal from the Oneida County Court, Murad, J.

Present — Hancock, Jr., J.P., Callahan, Denman, Green and O'Donnell, JJ.


Order unanimously affirmed. Memorandum: The People, pursuant to CPL 450.20 (8) and 450.50, appeal from an order which granted defendant's motion to suppress evidence seized from her apartment. The findings of fact made by the suppression court are supported in the record and demonstrate that the police failed to give defendant notice of their authority and purpose prior to the arrest and seizure (CPL 120.80). The statutory exceptions do not apply because the hearing record reveals the police had no reason to believe that defendant was armed or that she would escape or destroy evidence. The People's reliance upon the exigency of hot pursuit is misplaced. There was no evidence presented that defendant fled from the police (see, People v Levan, 62 N.Y.2d 139; cf. United States v Santana, 427 U.S. 38). The evidence seized, therefore, was properly suppressed (see, People v Floyd, 26 N.Y.2d 558; People v Frank, 35 N.Y.2d 874, revg on dissenting opn. at 43 A.D.2d 691, 692-694; People v Mecca, 41 A.D.2d 987).


Summaries of

People v. Ferguson

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 15, 1985
115 A.D.2d 333 (N.Y. App. Div. 1985)
Case details for

People v. Ferguson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. MICHELLE D. FERGUSON…

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

Date published: Nov 15, 1985

Citations

115 A.D.2d 333 (N.Y. App. Div. 1985)

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