New York Court of Appeals, 1981

People v. Murphy

New York Court of Appeals · Decided December 23, 1981

55 N.Y.2d 819; 432 N.E.2d 140; 447 N.Y.S.2d 437; 1981 N.Y. LEXIS 3327

Cases that cite this one

8 later published cases cite this decision.

People v. Springer (Appellate Division of the Supreme Court of New York 1983)
People v. Smith (Appellate Division of the Supreme Court of New York 1997)
People v. Woody (Appellate Division of the Supreme Court of New York 1997)
People v. Muscoreil (Appellate Division of the Supreme Court of New York 1995)
People v. Gonzalez (New York Supreme Court 1991)
People v. Ferguson (N.Y. 1986)
People v. Delavalette (Appellate Division of the Supreme Court of New York 1985)
People v. Johnson (New York Supreme Court 1982)

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

OPINION OF THE COURT

On summary consideration, order affirmed. We cannot say, as a matter of law, that defendant did not consent to having the police enter his apartment. The presence of the four uniformed officers, the fact that one officer placed his hand on the door to the apartment, and the fact that defendant was clad in his underwear at the time in question are only factors to be taken into account when determining whether consent was voluntarily given. (People v Kuhn, 33 NY2d 203, 208-209.) Under the circumstances of this case, the record before us offers no reason to disturb *821 the affirmed determination that defendant voluntarily consented to the police entry into his apartment.

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

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