From Casetext: Smarter Legal Research

People v. Volpe

Court of Appeals of the State of New York
Oct 27, 1983
60 N.Y.2d 803 (N.Y. 1983)


Argued September 22, 1983

Decided October 27, 1983

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, BERNARD MOLDOW, J., NORMAN B. FITZER, J.

Barry A. Schwartz and Bernard F. Ferrera for appellant.

Robert M. Morgenthau, District Attorney ( Jeanne E. Zunich and Amyjane Rettew of counsel), for respondent.


The order of the Appellate Division should be affirmed.

Police officers entered defendant's apartment without a warrant after a Federal agent and the officers overheard incriminating conversations from inside the apartment. Defendant argues that a finding of probable cause cannot be sustained because the agent and officers were not lawfully present in the hallway outside his apartment, having failed to establish that their entry into the common areas of the locked, restricted access multiple-unit dwelling was authorized. Examination of the record of the suppression hearing reveals, however, that the legality of these officers' presence in the building was never questioned by defendant and that argument is thus not preserved for review by this court ( People v Martin, 50 N.Y.2d 1029). To the extent defendant has argued that the information available to the officers was otherwise insufficient to support the finding of probable cause and exigent circumstances for the warrantless entry, he has failed to raise a reviewable issue of law, given the affirmance of the suppression court's findings on these issues (see People v Harrison, 57 N.Y.2d 470).

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur.

Order affirmed in a memorandum.

Summaries of

People v. Volpe

Court of Appeals of the State of New York
Oct 27, 1983
60 N.Y.2d 803 (N.Y. 1983)
Case details for

People v. Volpe

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN VOLPE, Appellant

Court:Court of Appeals of the State of New York

Date published: Oct 27, 1983


60 N.Y.2d 803 (N.Y. 1983)
469 N.Y.S.2d 688
457 N.E.2d 794

Citing Cases

People v. Walker

The defendant contends for the first time on appeal that probable cause was not established because the…

People v. Vanier

The defendant's argument with respect to the hearing court's refusal to suppress certain statements is…