People v. Correa

New York Court of Appeals

People v. Correa

391 N.E.2d 1363, 47 N.Y.2d 807, 418 N.Y.S.2d 388, 1979 N.Y. LEXIS 2069

New York Court of Appeals·Decided May 31, 1979·Published·Cited by 3 cases

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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[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.

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).

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