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Matter of Antoine

590 N.E.2d 233, 79 N.Y.2d 888, 581 N.Y.S.2d 648, 1992 N.Y. LEXIS 174
CourtNew York Court of Appeals
DecidedFebruary 20, 1992
StatusPublished
Cited by9 cases

This text of 590 N.E.2d 233 (Matter of Antoine) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Matter of Antoine, 590 N.E.2d 233, 79 N.Y.2d 888, 581 N.Y.S.2d 648, 1992 N.Y. LEXIS 174 (N.Y. 1992).

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, without costs.

Although the police had an "objective credible reason” for approaching the defendant, the pointed questioning regarding the ownership of the bag and consent to search it was im *890 proper because it was not based on a founded suspicion of criminal activity (People v De Bour, 40 NY2d 210, 215). Because the defendant’s consent was a product of the improper police inquiry, the Family Court erred when it found that the defendant had consented to the search of his bag (see, People v Hollman, 79 NY2d 181 [decided today]).

Chief Judge Wachtler and Judges Simons, Kaye, Titone, Hancock, Jr., and Bellacosa concur; Judge Alexander taking no part.

Order affirmed, without costs, in a memorandum.

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Bluebook (online)
590 N.E.2d 233, 79 N.Y.2d 888, 581 N.Y.S.2d 648, 1992 N.Y. LEXIS 174, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-antoine-ny-1992.