People v. Turriago

I respectfully dissent and vote to affirm the trial court.

*396Defendant appeals a judgment convicting him of, inter alia, murder in the second degree, on the ground that physical evidence, including a dead body found in the back of a U-Haul truck, should have been suppressed because the police search of the vehicle was not consensual.

Testimony educed at the suppression hearing and at the jury trial of this action reveals that at approximately 1:00 p.m. on November 19, 1990, defendant Leonardo Turriago, after a brief struggle in his apartment, killed Fernando Cuervo by shooting him five times in…