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People v. White

Appellate Division of the Supreme Court of New York, First Department
Mar 23, 1999
259 A.D.2d 400 (N.Y. App. Div. 1999)

Opinion

March 23, 1999

Appeal from the Supreme Court, New York County (Colleen McMahon, J., at suppression hearing; William Leibovitz, J., at jury trial and sentence).


The record supports the hearing court's findings ( 169 Misc.2d 295) that once the police lawfully entered the main portion of the apartment after obtaining the consent of the lessee, they were authorized to conduct a protective sweep of defendant's separately subleased room, based on their reasonable belief that one or more of the perpetrators of an armed robbery might be locked inside with a rifle ( see, Maryland v. Buie, 494 U.S. 325; United States v. Patrick, 959 F.2d 991 [DC Cir]; People v. Paez, 202 A.D.2d 239, lv denied 84 N.Y.2d 871; People v. Cornielle, 172 A.D.2d 681, lv denied 78 N.Y.2d 964). We agree with the hearing court ( 169 Misc.2d 295, 302, supra) that a protective sweep is not required to be incident to an arrest. Once lawfully in defendant's room, the police properly seized the rifle discovered in plain view ( People v. Paez, supra). We have considered and rejected defendant's remaining arguments, including those grounded in State constitutional law.

Concur — Rosenberger, J. P., Nardelli, Williams and Wallach, JJ. [ See, 169 Misc.2d 295.]


Summaries of

People v. White

Appellate Division of the Supreme Court of New York, First Department
Mar 23, 1999
259 A.D.2d 400 (N.Y. App. Div. 1999)
Case details for

People v. White

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM WHITE…

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

Date published: Mar 23, 1999

Citations

259 A.D.2d 400 (N.Y. App. Div. 1999)
687 N.Y.S.2d 329

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