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People v. Correa

391 N.E.2d 1363, 47 N.Y.2d 807, 418 N.Y.S.2d 388, 1979 N.Y. LEXIS 2069
CourtNew York Court of Appeals
DecidedMay 31, 1979
StatusPublished
Cited by3 cases

This text of 391 N.E.2d 1363 (People v. Correa) 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
People v. Correa, 391 N.E.2d 1363, 47 N.Y.2d 807, 418 N.Y.S.2d 388, 1979 N.Y. LEXIS 2069 (N.Y. 1979).

Opinion

[809]*809OPINION OF THE COURT

Order reversed for reasons stated in the dissenting memorandum by Mr. Justice James D. Hopkins at the Appellate Division (56 AD2d 935; see, also, People v McLaurin, 43 NY2d 902; and People v Kinlock, 43 NY2d 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.

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Related

People v. Lambert
84 A.D.2d 849 (Appellate Division of the Supreme Court of New York, 1981)
People v. Correa
71 A.D.2d 689 (Appellate Division of the Supreme Court of New York, 1979)
People v. Dinkins
69 A.D.2d 384 (Appellate Division of the Supreme Court of New York, 1979)

Cite This Page — Counsel Stack

Bluebook (online)
391 N.E.2d 1363, 47 N.Y.2d 807, 418 N.Y.S.2d 388, 1979 N.Y. LEXIS 2069, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-correa-ny-1979.