People v. Hardgers
Cases that cite this one
2 later published cases cite this decision.
- Allen v. State (Ala. Crim. App. 2009)
- People v. Bostic (Appellate Division of the Supreme Court of New York 1995)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
—Judgment unanimously affirmed. Memorandum: Supreme Court properly refused to instruct the jury on the defense of justification; no reasonable view of the evidence established the elements of the defense (see, People v Reynoso, 73 NY2d 816). Defendant contends that the court should have suppressed the gun because his sister lacked authority to consent to the search. We disagree. Here, the "searching officers rel[ied] in good faith on the apparent capability of [defendant’s sixteen-year-old sister] to consent to a search and the circumstances reasonably indicate[d] that [she did], in fact, have the authority to consent” (People v Adams, 53 NY2d 1, 9, rearg denied 54 NY2d 832, cert denied 454 US 854; see, People v Bostic [appeal No. 1], 222 AD2d 1073 [decided herewith]). (Appeal from Judgment of Supreme Court, Monroe County, Mark, J. — Assault, 1st Degree.) Present — Green, J. P., Lawton, Fallon, Doerr and Balio, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.