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People v. Grosfeld

447 N.E.2d 44, 58 N.Y.2d 887, 460 N.Y.S.2d 496, 1983 N.Y. LEXIS 2868
CourtNew York Court of Appeals
DecidedFebruary 15, 1983
StatusPublished
Cited by8 cases

This text of 447 N.E.2d 44 (People v. Grosfeld) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Grosfeld, 447 N.E.2d 44, 58 N.Y.2d 887, 460 N.Y.S.2d 496, 1983 N.Y. LEXIS 2868 (N.Y. 1983).

Opinions

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

The record of the suppression hearing contains no evidence or factual findings supporting the defendant’s contention that the police illegally entered his home to take him into custody. Neither can it be said that the suppression court abused its discretion as a matter of law in denying the defendant’s motion to reopen the hearings following the Supreme Court’s decision in Payton v New York (445 US 573) since the defendant made no allegations of fact or offer of proof demonstrating the relevance of that decision to the circumstances of his case. Thus, although the Payton decision is entitled to retroactive effect (United [889]*889States v Johnson, 457 US 537), there is no factual predicate for concluding that the defendant’s rights as announced in that decision have been violated (cf. People v De Mauro, 48 NY2d 892, 893; People v Charleston, 54 NY2d 622; People v Friola, 11 NY2d 157, 160).

We have considered the defendant’s other contentions and find no basis for reversing the conviction.

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Bluebook (online)
447 N.E.2d 44, 58 N.Y.2d 887, 460 N.Y.S.2d 496, 1983 N.Y. LEXIS 2868, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-grosfeld-ny-1983.