| People v Mitchell |
| 2015 NY Slip Op 02502 [126 AD3d 1010] |
| March 25, 2015 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Appellant, v Leodia Mitchell, Respondent. |
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano andEdward S. Saslaw of counsel), for appellant.
Seymour W. James, Jr., New York, N.Y. (Allen Fallek of counsel), forrespondent.
Appeal by the People from an order of the Supreme Court, Queens County(Lebowitz, J.), dated June 20, 2012, which, after a hearing, granted the defendant'smotion to suppress physical evidence and his statements to law enforcementofficials.
Ordered that the order is affirmed.
Contrary to the People's contentions, the record supports the hearing court's findingthat the building in which the defendant lived was a rooming house and that it was hishome for purposes of Fourth Amendment analysis (see People v Garriga, 189AD2d 236, 240-241 [1993]; People v Lott, 102 AD2d 506, 510 [1984]).Accordingly, the warrantless arrest of the defendant inside his home in the absence ofexigent circumstances or consent constituted an unlawful arrest (see Payton v NewYork, 445 US 573 [1980]). In light of the violation of the defendant's rights underPayton, the hearing court properly granted his motion to suppress physicalevidence and his statements to law enforcement officials (see People v Harris, 77NY2d 434, 437 [1991]; People v Knapp, 52 NY2d 689, 697 [1981]). Mastro,J.P., Austin, Cohen and Barros, JJ., concur.