People v. McBride, 4605.
| Decision Date | 03 February 2009 |
| Docket Number | 4605. |
| Citation | 2009 NY Slip Op 00576,59 A.D.3d 151,872 N.Y.S.2d 109 |
| Parties | THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NORMAN McBRIDE, Appellant. |
| Court | New York Supreme Court — Appellate Division |
The court properly denied defendant's motion to suppress statements and physical evidence as fruits of a warrantless home arrest that allegedly violated Payton v New York (445 US 573 [1980]). Initially, we find no basis to disturb the court's credibility determinations, including its rejection of those portions of the testimony of a defense witness that did not correspond to the police testimony.
It is undisputed that the police had probable cause to arrest defendant for an armed robbery. When the police went to defendant's residence at about 11:00 P.M., after he had been identified as a participant in a restaurant robbery, they knocked, heard noise within, but received no response. After several minutes of knocking, one officer called the apartment on the lobby intercom, and a male voice answered. Meanwhile, other detectives, concerned that defendant might try to flee, climbed the fire escape, and observed defendant lying face down on a bedroom floor. When the officers asked defendant, again, to open the door, the detective at the fire escape window saw someone else run by. Detectives at the apartment's door were greeted by a distraught and hyperventilating young woman who was unable to respond to their inquiries as to what was going on and whether she was all right. As a result, the detectives entered the apartment to ensure that no one was in danger within, and immediately arrested defendant.
We conclude that this warrantless entry was justified by exigent circumstances, including, in particular, the violent nature of the underlying offense, the knowledge of the police that defendant was in the apartment and their reasonable belief that he was armed, and the behavior and demeanor of the woman that suggested a dangerous and volatile situation (see People v Pollard, 304 AD2d 476 [2003], lv denied 100 NY2d 585 [2003]). We also reject defendant's argument that the police created any...
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People v. McBride
...defendant's suppression motion in its entirety. The Appellate Division affirmed the judgment of conviction and sentence (59 A.D.3d 151, 872 N.Y.S.2d 109 [1st Dept.2009] ). A Judge of this Court granted defendant leave to appeal (12 N.Y.3d 917, 884 N.Y.S.2d 698, 912 N.E.2d 1079 [2009] ) and ......
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State v. Robinson
...to life justified warrantless entry), cert. denied, 537 U.S. 1161, 123 S.Ct. 966, 154 L.Ed.2d 897 (2003) ; People v. McBride, 59 A.D.3d 151, 872 N.Y.S.2d 109 (N.Y.App.Div.2009) (finding exigent circumstances when police observed distraught and hyperventilating woman through window who was u......
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The People Of The State Of N.Y. v. Mcbride
...defendant's suppression motion in its entirety. The Appellate Division affirmed the judgment of conviction and sentence (59 A.D.3d 151, 872 N.Y.S.2d 109 [1st Dept.2009] ). A Judge of this Court granted defendant leave to appeal (12 N.Y.3d 917, 884 N.Y.S.2d 698, 912 N.E.2d 1079 [2009] ) and ......
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People v. Jassan J.
...situation presented here differs markedly from other cases in which exigent circumstances existed. For example, in People v. McBride, 59 A.D.3d 151, 872 N.Y.S.2d 109 [2009], affd. 14 N.Y.3d 440, 902 N.Y.S.2d 830, 928 N.E.2d 1027 [2010], cert. denied ––– U.S. ––––, 131 S.Ct. 327 [2010], dete......