People v. Fucci

Appellate Terms of the Supreme Court of New York

People v. Fucci

79 Misc. 2d 66, 359 N.Y.S.2d 697, 1973 N.Y. Misc. LEXIS 1261

CourtAppellate Terms of the Supreme Court of New York

DecidedSeptember 19, 1973

StatusPublished

Cited by1 cases

This text of 79 Misc. 2d 66 (People v. Fucci) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Fucci, 79 Misc. 2d 66, 359 N.Y.S.2d 697, 1973 N.Y. Misc. LEXIS 1261 (N.Y. Ct. App. 1973).

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Opinion

Memorandum. Judgment of conviction affirmed.

Defendant’s motion to suppress certain evidence seized without a search warrant was properly denied. The police originally entered -the premises in response to a request for aid made by defendant’s mother. Defendant was in a semiconscious state when the police arrived, and the officer, upon entering the house, was informed, by defendant’s i20-year-old brother, that defendant had overdrugged himself. The officer also came to •this conclusion upon observing defendant. The mother, who possessed a proprietary interest in the premises, consented to a search of1 the son’s upstairs bedroom, and his physical presence in the house did not vitiate her consent, as he lacked any right to exclusive or undisturbed possession (see Maxwell v. Stephens, 348 F. 2d 325, 336, cert. den. 382 U. S. 944; People v. Carter, 30 N Y 2d 279; People v. Wood, 31N Y 2d 975; People v. Gallmon, 19 N Y 2d 389, cert. den. 390 U. S. 911; People v. D’Iorio, 16 N Y 2d 551).

■Concur — Glickman, P. J., Pittoni and Farley, JJ.

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Memorandum. Judgment of conviction affirmed.

Defendant’s motion to suppress certain evidence seized without a search warrant was properly denied. The police originally entered -the premises in response to a request for aid made by defendant’s mother. Defendant was in a semiconscious state when the police arrived, and the officer, upon entering the house, was informed, by defendant’s i20-year-old brother, that defendant had overdrugged himself. The officer also came to •this conclusion upon observing defendant. The mother, who possessed a proprietary interest in the premises, consented to a search of1 the son’s upstairs bedroom, and his physical presence in the house did not vitiate her consent, as he lacked any right to exclusive or undisturbed possession (see Maxwell v. Stephens, 348 F. 2d 325, 336, cert. den. 382 U. S. 944; People v. Carter, 30 N Y 2d 279; People v. Wood, 31N Y 2d 975; People v. Gallmon, 19 N Y 2d 389, cert. den. 390 U. S. 911; People v. D’Iorio, 16 N Y 2d 551).

■Concur — Glickman, P. J., Pittoni and Farley, JJ.

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Bluebook (online)

79 Misc. 2d 66, 359 N.Y.S.2d 697, 1973 N.Y. Misc. LEXIS 1261, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-fucci-nyappterm-1973.

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