People v. MitchellPeople v. Mitchell
Contrary to the People‘s contentions, the record supports the hearing court‘s finding that the building in which the defendant lived was a rooming house and that it was his home for purposes of Fourth Amendment analysis (see People v Garriga, 189 AD2d 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 of exigent circumstances or consent constituted an unlawful arrest (see Payton v New York, 445 US 573 [1980]). In light of the violation of the defendant‘s rights under Payton, the hearing court properly granted his motion to suppress physical evidence and his statements to law enforcement officials (see People v Harris, 77 NY2d 434, 437 [1991]; People v Knapp, 52 NY2d 689, 697 [1981]). Mastro, J.P., Austin, Cohen and Barros, JJ., concur.