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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CURTIS LEE BALL, Appellant.

Judgment unanimously affirmed. Memorandum: The Syracuse police, during the course of investigating a burglary, were voluntarily admitted into premises at 307 Irving Avenue by the person at the door. While questioning appellant and two other suspects inside the house, they seized part of a watch lying on a book shelf above the suspects' heads. Since the police lawfully gained entry to the premises, they were entitled to seize evidence in plain view without a warrant even though the arrest was not made until several days later. ( People v. Gallmon, 19 N.Y.2d 389, cert. den. 390 U.S. 911; People v. Manning, 40 A.D.2d 572; and see Coolidge v. New Hampshire, 403 U.S. 443, 465-473; Ker v. California, 374 U.S. 23, 42-43.) The trial court's denial of appellant's application to suppress this evidence was proper.

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PEOPLE v. BALL
(Feb 23, 1973)