People v. Rivera

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed and the case remitted to that court for determination of the facts.

The Appellate Division held that defendant’s wife’s consent to entry of the apartment by the police was involuntary as a matter of law and that, in consequence, the gun should be suppressed and the indictment dismissed. Although in doing so it made findings additional to those made by the suppression Judge, its holding was that the People had failed to meet their burden of establishing voluntary consent as a matter of law, that is to say,…