People v. Hardgers
Appellate Division of the Supreme Court of the State of New York
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
- People v. AdamsNew York Court of Appeals · 1981
- People v. ReynosoNew York Court of Appeals · 1988
- People v. BosticAppellate Division of the Supreme Court of the State of New York · 1995
3Cited by1 opinion
- People v. BosticAppellate Division of the Supreme Court of the State of New York · 1995