People v. Symmonds

111 A.D.2d 884, 490 N.Y.S.2d 279, 1985 N.Y. App. Div. LEXIS 50151

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: June 17, 1985
• Status: Published

Opinion

Appeal by defendant from a judgment of the Supreme Court, Queens County (Agresta, J.), rendered September 13, 1983, convicting him of murder in the second degree and robbery in the first degree (two counts), upon a jury verdict, and imposing sentence.

Judgment affirmed.

Defendant argues that his arrest was illegal because the police entered a third party’s abode without a search warrant. Testimony disclosed that after knocking at the door they were permitted entry by the occupant of the abode, thereby creating a consensual entry (see, People v Keenan, 91 AD2d 1049). Defendant has not demonstrated that he had any expectation of the right of privacy in the area searched (People v Ponto, 103 AD2d 573).

The police, upon discovering that defendant may have other criminal cases pending against him, promptly conducted an inquiry which determined there were none. Under such circumstances, there was no violation of defendant’s rights (People v Gee, 104 AD2d 561).

We see no merit to defendant’s other contentions. Mollen, P. J., Rubin, Lawrence and Kunzeman, JJ., concur.