From Casetext: Smarter Legal Research

People v. Cloud

Court of Appeals of the State of New York
Dec 18, 1991
79 N.Y.2d 786 (N.Y. 1991)

Opinion

Decided December 18, 1991

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Burton B. Roberts, J.

James J. O'Rourke for appellant.

Robert M. Morgenthau, District Attorney (Leonard I. Picker and Robert M. Raciti of counsel), for respondent.


MEMORANDUM.

The order of the Appellate Division should be affirmed.

Whether exigent circumstances existed to justify the warrantless entry and arrest of defendant involves a mixed question of fact and law. Where, as here, there is support in the record for such an undisturbed finding, it is beyond the scope of further review by this Court (People v Burr, 70 N.Y.2d 354, 360-361). Evidence in the record of this CPL article 440 proceeding supports the determination of the courts below that exigent circumstances justified the warrantless entry. On the morning of October 6, 1976, the police received direct and reliable information that defendant had admitted recently stealing a .38 caliber revolver and killing a delicatessen clerk within the course of a robbery, and that defendant, the weapon and potential innocent hostages were in a particular hotel room in Manhattan.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order affirmed, in a memorandum.


Summaries of

People v. Cloud

Court of Appeals of the State of New York
Dec 18, 1991
79 N.Y.2d 786 (N.Y. 1991)
Case details for

People v. Cloud

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NORMAN CLOUD, Appellant

Court:Court of Appeals of the State of New York

Date published: Dec 18, 1991

Citations

79 N.Y.2d 786 (N.Y. 1991)
579 N.Y.S.2d 632
587 N.E.2d 270

Citing Cases

People v. Campos

See U.S. v. Caraballo, 963 F.Supp.2d 341, 364 (D. Vt. 2013) (need to quickly find homicide suspect was…

People v. Campos

Applying the familiar Dorman factors, Dorman v. U.S., 435 F.2d 385, 392–3 (D.C.Cir.1970), People v. Cloud,…