PEOPLE v. JACOBO

The police had probable cause to arrest defendant on a 1985 murder charge based upon an identification by one of the wounded survivors of that incident (People v. Nichols, 156 A.D.2d 129, 130, lv denied 76 N.Y.2d 740). The warrantless arrest was proper since the police initially encountered defendant in the apartment building's public hallway (People v. Marzan, 161 A.D.2d 416, lv denied 76 N.Y.2d 860), and was not rendered improper when defendant retreated into his private residence (United States v Santana, 427 U.S. 38).

Concur — Sullivan, J.P., Carro, Rosenberger, Williams and Tom, JJ.