People v. Cosme
New York Court of Appeals
1Opinion of the Court
OPINION OF THE COURT
Gabrielli, J.
Defendant appeals from an order of the Appellate Division, First Department, which unanimously affirmed his conviction for criminal possession of a controlled substance in the third degree (Penal Law, § 220.16). His appeal raises a substantial question concerning the authority of police officers to search jointly occupied premises when both of the occupants are present and one consents to the search while the other explicitly refuses to consent.
The incident that forms the basis of this appeal was precipitated by a quarrel between defendant Cosme and his…
2Cases cited8 opinions
- Schneckloth v. BustamonteSupreme Court of the United States · 1973
- United States v. MatlockSupreme Court of the United States · 1974
- Frazier v. CuppSupreme Court of the United States · 1969
- Amos v. United StatesSupreme Court of the United States · 1921
- Hembree v. StateCourt of Criminal Appeals of Tennessee · 1976
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3Cited by163 opinions
- People v. HaskettCalifornia Supreme Court · 1982
- Hubert v. StateCourt of Criminal Appeals of Texas · 2010
- People v. AdamsNew York Court of Appeals · 1981
- State v. LeachWashington Supreme Court · 1989
- In Re the Welfare of D.A.G.Supreme Court of Minnesota · 1992
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