People v. Correa
People v. Correa
47 N.Y.2d 807; 391 N.E.2d 1363; 418 N.Y.S.2d 388; 1979 N.Y. LEXIS 2069
People v. Correa
Opinion 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.