New York Court of Appeals, 1971

People v. Belin

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

People v. Belin

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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