Legal Opinion · Concurrence

People v. Harris

Appellate Division of the Supreme Court of the State of New York

Decided July 28, 2016No. 106323Published

1ConcurrenceLynch, J.

We respectfully disagree only with respect to the majority’s determination to suppress all the physical evidence found in the bedroom. From our perspective, there were articulable facts that would warrant a reasonably *1030prudent officer in believing that defendant’s bedroom might harbor a dangerous individual or a victim of the altercation. The majority has accurately described the underlying event, but there are a few additional factors of moment. There is no plausible dispute that, for safety reasons, the officer was entitled to search the bedrooms that opened directly into the living room…

2Cases cited12 opinions

  1. Maryland v. BuieSupreme Court of the United States · 1990
  2. People v. KnappNew York Court of Appeals · 1981
  3. People v. IngramNew York Court of Appeals · 2012
  4. People v. GibsonNew York Court of Appeals · 2015
  5. People v. Lasso-ReinaAppellate Division of the Supreme Court of the State of New York · 2003

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