Legal Opinion

People v. Hardgers

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

Decided December 22, 1995PublishedCited by 1 opinion

1Opinion of the Court

—Judgment unanimously affirmed. Memorandum: Supreme Court properly refused to instruct the jury on the defense of justification; no reasonable view of the evidence established the elements of the defense (see, People v Reynoso, 73 NY2d 816). Defendant contends that the court should have suppressed the gun because his sister lacked authority to consent to the search. We disagree. Here, the "searching officers rel[ied] in good faith on the apparent capability of [defendant’s sixteen-year-old sister] to consent to a search and the circumstances reasonably indicate[d] that [she did], in fact,…

2Cases cited3 opinions

  1. People v. AdamsNew York Court of Appeals · 1981
  2. People v. ReynosoNew York Court of Appeals · 1988
  3. People v. BosticAppellate Division of the Supreme Court of the State of New York · 1995

3Cited by1 opinion

  1. People v. BosticAppellate Division of the Supreme Court of the State of New York · 1995

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