1250 Broadway, 27th Floor New York, NY 10001

EXIGENT EXIT?

j0403728.jpgSince he was identified as a participant in a robbery, police detectives went to Norman McBride's home and knocked on the door.

Although he didn't respond, officers detected noise inside the apartment, heard a male voice over the intercom, and, observed (through a window) McBride lying on the floor.

When a "distraught" and "hyperventilating" young woman eventually opened the door, and was unable to respond to the detectives' questions, they entered the apartment and arrested McBride.

After he was convicted of attempted robbery in the second degree, McBride appealed to the Appellate Division, First Department, which saw the detectives' warrantless entry as legally justified. (The officers had reason to conclude the woman's emotional state was in response to McBride's misconduct.)

The AD1 also thought the lower court properly denied McBride's request to suppress the identification testimony. While he wore a gray sweatshirt -- which was just a small part of the clothing description provided by a witness -- several days had passed since the robbery and the lineup participants were "reasonably similar to each other" and McBride didn't "stand out."

Knock-knock?

j0254493.gifTo download a copy of the Appellate Division's decision, please use this link: People v. McBride

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