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People v. Belin

28 N.Y.2d 861 Court N.Y. Decision date 1971-05-12 English

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p. 861
The People of the State of New York, Respondent, v. William Belin, Appellant.
Argued April 19, 1971;
decided May 12, 1971.
p. 862
Donald H. Zuckermcm and Milton Adler for appellant.
Burton B. Roberts, District Attorney (Michael H. Du Boff of counsel), for respondent.

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.