New York Court of Appeals, 1971

People v. Belin

New York Court of Appeals · Decided May 12, 1971

28 N.Y.2d 861; 271 N.E.2d 231; 322 N.Y.S.2d 254; 1971 N.Y. LEXIS 1323

Cases that cite this one

1 later published case cites this decision.

People v. Maksymenko (Criminal Court of the City of New York 1980)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

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.

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