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People v. Harry Correa

Court of Appeals of the State of New York
May 31, 1979
391 N.E.2d 1363 (N.Y. 1979)

Opinion

Argued April 27, 1979

Decided May 31, 1979

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, MAXINE DUBERSTEIN, J.

Eugene Gold, District Attorney (Claire Friedman of counsel), for appellant.

Barry W. Agulnick for respondent.


Order reversed for reasons stated in the dissenting memorandum by Mr. Justice JAMES D. HOPKINS at the Appellate Division ( 56 A.D.2d 935; see, also, People v McLaurin, 43 N.Y.2d 902; and People v Kinlock, 43 N.Y.2d 832), noting that if consent had been refused such fact should not be taken into consideration in determining whether there was probable cause; and the case remitted to the Appellate Division, Second Department, for review of the facts (CPL 470.25, subd 2, par [d]; 470.40, subd 2, par [b]).

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG.


Summaries of

People v. Harry Correa

Court of Appeals of the State of New York
May 31, 1979
391 N.E.2d 1363 (N.Y. 1979)
Case details for

People v. Harry Correa

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. HARRY CORREA, Respondent

Court:Court of Appeals of the State of New York

Date published: May 31, 1979

Citations

391 N.E.2d 1363 (N.Y. 1979)
391 N.E.2d 1363
418 N.Y.S.2d 388

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