People v. Torres
Opinion of the Court
According the requisite deference to findings of fact made by a hearing court (see, People v Prochilo, 41 NY2d 759, 761), we conclude that the findings made by the hearing court are supported by the record and should not be disturbed on appeal (see, People v Davis, 55 NY2d 731; People v Gordon, 110 AD2d 778; People v Crosby, 91 AD2d 20).
The facts adduced at the hearing clearly established that exigent circumstances existed to justify the officer’s warrant-less entry into the apartment. The defendant had been implicated by an eyewitness in the April 1983 shooting death of Hernandez and he had previously fled the jurisdiction to avoid apprehension. Clearly then, the police officer had probable cause to believe the defendant committed the homicide and that there was a likelihood of the defendant fleeing the jurisdiction again. Furthermore, the police officer had reason to believe that the defendant was armed and dangerous since the murder weapon had never been recovered (see, Payton v New York, 445 US 573; People v Mealer, 57 NY2d 214, cert denied 460 US 1024; People v Bossett, 124 AD2d 740, lv denied 70 NY2d 643; cf., People v Bero, 139 AD2d 581). Moreover, the hearing testimony demonstrates that the defendant’s confes
Further, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15 [5]; People v Garafolo, 44 AD2d 86, 88).
The defendant’s remaining claims regarding the comments made by the prosecutor during summation and that the court rendered an incorrect justification charge have been considered and have been found to be either unpreserved for appellate review or without merit (see, CPL 470.05 [2]; People v Goetz, 68 NY2d 96; People v Ashwal, 39 NY2d 105; People v Jalah, 107 AD2d 762; People v Thompson, 97 AD2d 554). Mollen, P. J., Mangano, Bracken and Lawrence, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.