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PEOPLE v. ELLIS

30 N.Y.2d 740 (1972)

The People of the State of New York, Respondent, v. James Ellis, Appellant.

Court of Appeals of the State of New York.

Decided April 27, 1972.

Attorney(s) appearing for the Case

Allen E. Burns and Robert Kasanof for appellant.

Eugene Gold, District Attorney (Harry Brodbar of counsel), for respondent.

Concur: Judges BURKE, SCILEPPI, BERGAN and JASEN. Dissent: Chief Judge FULD and Judges BREITEL and GIBSON.

Order affirmed; no opinion.

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...

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