People v. Figueroa

Appellate Division of the Supreme Court of New York

People v. Figueroa

267 A.D.2d 183, 700 N.Y.S.2d 676, 1999 N.Y. App. Div. LEXIS 13399

Appellate Division of the Supreme Court of the State of New York·Decided December 28, 1999·Published·Cited by 1 cases

Opinion

—Judgment, Supreme Court, Bronx County (Effain Alvarado, J.), rendered August 6, 1998, convicting defendant, upon his plea of guilty, of manslaughter in the first degree, and sentencing him to a term of 12V2 to 25 years, unanimously affirmed.

Defendant’s suppression motion was properly denied. We see no reason to disturb the court’s credibility determination that defendant, who was arrested in the apartment of a third party, did not rent a room therein and did not have a reasonable expectation of privacy. Even were we to find that defendant did have standing, we would find that the record also supports the court’s finding that the police justifiably relied on the apparent authority of a third party to consent to the search (see, People v Adams, 53 NY2d 1, 9, cert denied 454 US 854). In this regard, we see no reason to disturb the court’s credibility determination that the third party, the lessee of the apartment, voluntarily gave her consent to the search of the bedroom in question.

We perceive no abuse of sentencing discretion. Concur — Sullivan, J. P., Nardelli, Rubin, Andrias and Friedman, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

—Judgment, Supreme Court, Bronx County (Effain Alvarado, J.), rendered August 6, 1998, convicting defendant, upon his plea of guilty, of manslaughter in the first degree, and sentencing him to a term of 12V2 to 25 years, unanimously affirmed.

Defendant’s suppression motion was properly denied. We see no reason to disturb the court’s credibility determination that defendant, who was arrested in the apartment of a third party, did not rent a room therein and did not have a reasonable expectation of privacy. Even were we to find that defendant did have standing, we would find that the record also supports the court’s finding that the police justifiably relied on the apparent authority of a third party to consent to the search (see, People v Adams, 53 NY2d 1, 9, cert denied 454 US 854). In this regard, we see no reason to disturb the court’s credibility determination that the third party, the lessee of the apartment, voluntarily gave her consent to the search of the bedroom in question.

We perceive no abuse of sentencing discretion. Concur — Sullivan, J. P., Nardelli, Rubin, Andrias and Friedman, JJ.

People v. Figueroa, 267 A.D.2d 183, 700 N.Y.S.2d 676, 1999 N.Y. App. Div. LEXIS 13399 (N.Y. Ct. App. 1999).

Pincite

267 A.D.2d 183 (People v. Figueroa) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related