p. 740The People of the State of New York, Respondent, v. James Ellis, Appellant. Argued March 22, 1972; decided April 27, 1972.
p. 741
Allen E. Burns and Robert Kasanof for appellant.
Eugene Gold, District Attorney (Harry Brodbar of counsel), for respondent.
no opinion.
p. 742
Concur: Judges Burke, Scileppi, Bergan and Jasen.
Chief Judge Fuld and Judges Breitel and Gibson dissent and vote to reverse and to dismiss the complaint in the following memorandum: Although the record is clear that the police officers had probable cause to arrest or, if they chose not to exercise that right, to investigate further, the record demonstrates no excuse for their failure to give ‘ ‘ notice of [their] office and purpose ” before entering defendant’s apartment to make an arrest (Code Grim. Pro., § 178) nor any exigent circumstances excusative of entry without notice or permission for investigative purposes, an even “ stronger basis ” in such case being required (People v. Gallmon, 19 N Y 2d 389 , 392, mot. for rearg. den. 20 N Y 2d 758 , cert. den. 390 U. S. 911 ).
Cases cited
- People v. Gallmon 19 N Y 2d 389 at 392 p. 742