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PEOPLE v. BLAKE

61 A.D.3d 770 (2009)

876 N.Y.S.2d 653

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SYLVESTER BLAKE, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided April 14, 2009.

Ordered that the judgment, as amended, is affirmed.

The court properly denied the defendant's motion to suppress, as the fruit of an unlawful warrantless arrest inside his home, statements he made to, or in the presence of, law enforcement officers (see Payton v New York, 445 U.S. 573 [1980]). The record supports the hearing court's determination that the apartment where the defendant was arrested was not his residence, and that...

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