People v. Smith
Opinion of the Court
Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of criminal possession of a weapon in the second degree (Penal Law § 265.03 [3]). Defendant contends that the consent to search his apartment obtained from the complainant involved in an alleged domestic dispute with defendant was invalid and thus that Supreme Court erred in refusing to suppress evidence obtained by the police during the resulting search. We reject that contention. The People met their burden of establishing that .the police reasonably believed that the complainant had the requisite authority to consent to the search of defendant’s apartment (see People v Gonzalez, 88 NY2d 289, 295 [1996]; People v Adams, 53 NY2d 1, 9-10 [1981], rearg denied 54 NY2d 832 [1981], cert denied 454 US 854 [1981]). The evidence at the suppression hearing established that police officers responding to a report of a domestic dispute at defendant’s apartment were met by the complainant, who stated that she was defendant’s girlfriend, that she lived in the apartment, and that she wanted to retrieve certain items of personal property but was afraid that defendant would return to the apartment. The complainant further stated that defendant kept a gun in the apartment and had threatened to shoot
Case-law data current through December 31, 2025. Source: CourtListener bulk data.