New York Court of Appeals, 1979

People v. Correa

People v. Correa
New York Court of Appeals · Decided May 31, 1979
47 N.Y.2d 807; 391 N.E.2d 1363; 418 N.Y.S.2d 388; 1979 N.Y. LEXIS 2069
People v. Correa

Cases that cite this one

3 later published cases cite this decision.

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Opinion of the Court

*809OPINION OF THE COURT

Order reversed for reasons stated in the dissenting memorandum by Mr. Justice James D. Hopkins at the Appellate Division (56 AD2d 935; see, also, People v McLaurin, 43 NY2d 902; and People v Kinlock, 43 NY2d 832), noting that if consent had been refused such fact should not be taken into consideration in determining whether there was probable cause; and the case remitted to the Appellate Division, Second Department, for review of the facts (CPL 470.25, subd 2, par [d]; 470.40, subd 2, par [b]).

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler and Fuchsberg.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.