People v. Luis
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— Judgment unanimously affirmed. Memorandum: The suppression court’s determination that the consent search of the apartment was valid is supported by the record; therefore, the items seized pursuant to this search were properly admitted into evidence (see, People v Gonzalez, 39 NY2d 122, 128). The items seized pursuant to the search warrant were erroneously admitted because the warrant was not based upon probable cause. The affidavit in support of the warrant application alleged that the victim had been attacked in the upper apartment of a house on Park Avenue, but failed to set forth any…
2Cases cited3 opinions
- People v. CrimminsNew York Court of Appeals · 1975
- People v. GonzalezNew York Court of Appeals · 1976
- People v. PriceAppellate Division of the Supreme Court of the State of New York · 1988
3Cited by11 opinions
- People v. DunnAppellate Division of the Supreme Court of the State of New York · 1994
- People v. TowndrowAppellate Division of the Supreme Court of the State of New York · 1993
- People v. DemottAppellate Division of the Supreme Court of the State of New York · 1991
- People v. GreenAppellate Division of the Supreme Court of the State of New York · 1989
- People v. AlexanderAppellate Division of the Supreme Court of the State of New York · 1993
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