People v. Hughes
New York Court of Appeals
People v. Hughes, 30 N.Y.2d 810 (N.Y. 1972)
286 N.E.2d 280; 334 N.Y.S.2d 906; 1972 N.Y. LEXIS 1277
People v. Hughes
Opinion of the Court
no opinion.
Concurring Opinion
Concur: Judges Scileppi, Bergan, Beeitel, Jasen and Gibson.
Dissenting Opinion
Chief Judge Fuld and Judge Burke dissent and vote to reverse upon the ground that the People failed to sustain their burden of establishing that the defendant Hughes “ freely and voluntarily” consented to the search. (Bumper v. North Carolina, 391 U. S. 543, 548; see, also, Higgins v. United States, 209 F. 2d 819, 820.) It follows, therefore, that the search was unlawful and the evidence seized inadmissible.
Reference
- Full Case Name
- The People of the State of New York v. Wayne D. Hughes, Appellant The People of the State of New York v. Kenneth J. Geising
- Status
- Published