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PEOPLE v. SPENCER

16142, 3817/09

135 A.D.3d 608 (2016)

24 N.Y.S.3d 48

2016 NY Slip Op 00447

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DARRELL SPENCER, Appellant.

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

Decided January 26, 2016.

The court properly denied defendant's motion to suppress his statements as fruits of a warrantless home arrest based upon its finding that defendant voluntarily came out of his apartment. There is no basis for disturbing the court's credibility determinations. The hearing evidence established that there was no violation of Payton v New York (445 U.S. 573 [1980]) because defendant knowingly and voluntarily presented himself for public...

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