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PEOPLE v. SANCHO-HERNANDEZ

2011-00185.

106 A.D.3d 841 (2013)

965 N.Y.S.2d 526

2013 NY Slip Op 3349

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HECTOR SANCHO-HERNANDEZ, Appellant.

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

Decided May 8, 2013.

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the record supports the County Court's finding that the defendant was arrested in the public hallway outside of his apartment. In addition, the hearing evidence demonstrates that the defendant voluntarily left his apartment and was not coerced into doing so by the arresting officers. Consequently, the arrest of the defendant was not in violation of Payton v New York (

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