From Casetext: Smarter Legal Research

People v. Marzan

Appellate Division of the Supreme Court of New York, First Department
May 15, 1990
161 A.D.2d 416 (N.Y. App. Div. 1990)

Opinion

May 15, 1990

Appeal from the Supreme Court, New York County, Edwin Torres, J.


Defendant violently attacked the complainant with a baseball bat. The complainant suffered serious injuries which included the loss of an eye. Two weeks following the filing of the complaint, detectives knocked on the defendant's door, asked him to come outside into the apartment building's hallway, and arrested him. The detectives did not have an arrest warrant. En route to Central Booking, and before Miranda warnings were given, the defendant spontaneously made a statement that was used at trial.

Defendant contends that this arrest, without warrant, was improper, and therefore the subsequent statement should have been inadmissible under the exclusionary rule of Payton v. New York ( 445 U.S. 573). However, we find the defendant's argument meritless, the arrest proper, and that the statement was properly admitted into evidence at trial.

A Payton violation did not occur because the defendant was arrested in the apartment building's hallway and not in his apartment. Moreover, the Supreme Court has recently held in Harris v. New York (495 US ___, ___, 109 L Ed 2d 13, 22) that "where the police have probable cause to arrest a suspect, the exclusionary rule does not bar the State's use of a statement made by the defendant outside of his home, even though the statement is taken after an arrest made in the home in violation of Payton".

Concur — Sullivan, J.P., Rosenberger, Asch and Rubin, JJ.


Summaries of

People v. Marzan

Appellate Division of the Supreme Court of New York, First Department
May 15, 1990
161 A.D.2d 416 (N.Y. App. Div. 1990)
Case details for

People v. Marzan

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TERAH MARZAN, Appellant

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

Date published: May 15, 1990

Citations

161 A.D.2d 416 (N.Y. App. Div. 1990)
555 N.Y.S.2d 345

Citing Cases

People v. Siler

There is no merit to the contention that, because defendant's warrantless arrest was unlawful under Payton v.…

People v. Rosario

On appeal, the defendant claims that his statements should have been suppressed because the police violated…