Legal Opinion

People v. Smith

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

Decided December 28, 2012PublishedCited by 2 opinions

1Opinion of the Court

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of criminal possession of a weapon in the second degree (Penal Law § 265.03 [3]). Defendant contends that the consent to search his apartment obtained from the complainant involved in an alleged domestic dispute with defendant was invalid and thus that Supreme Court erred in refusing to suppress evidence obtained by the police during the resulting search. We reject that contention. The People met their burden of establishing that .the police reasonably believed that the complainant had the requisite authority…

2Cases cited5 opinions

  1. People v. AdamsNew York Court of Appeals · 1981
  2. People v. GonzalezNew York Court of Appeals · 1996
  3. People v. FontaineAppellate Division of the Supreme Court of the State of New York · 2006
  4. People v. LittletonAppellate Division of the Supreme Court of the State of New York · 2009
  5. People v. FranklineAppellate Division of the Supreme Court of the State of New York · 2011

3Cited by2 opinions

  1. BRITTON, BRIAN F., PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2014
  2. PLUMLEY, MICHAEL, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2013

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