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People v. Clark

64 N.Y.2d 938 Court N.Y. Decision date 1985-03-21 English

Contents

Majority

p. 938
The People of the State of New York, Respondent, v Robert Clark, Appellant.
Argued February 6, 1985;
decided March 21, 1985
p. 939
APPEARANCES OF COUNSEL
Scott H. Greenfield and Milton M. Rosenberg for appellant.
Robert M. Morgenthau, District Attorney (Wayne Eastman and Joyce P. Adolfsen of counsel), for respondent.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

It is unnecessary to consider whether it was proper for the police to have overheard the conversation at the defendant’s door, in view of the fact that the other information available to the police prior to their entry of the defendant’s apartment was alone sufficient to sustain the finding of probable cause (see, People v Plevy, 52 NY2d 58 , 66).

Chief Judge Wachtler and Judges Jasen, Meyer, Simons, Kaye and Alexander concur.

Order affirmed in a memorandum.

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