New York Court of Appeals, 1983

People v. Cohen

New York Court of Appeals · Decided February 8, 1983

58 N.Y.2d 844; 446 N.E.2d 774; 460 N.Y.S.2d 18; 1983 N.Y. LEXIS 2842

Cases that cite this one

24 later published cases cite this decision.

Solomon v. Commissioner of Correctional Services (District Court, E.D. New York 1992)
People v. Tashbaeva (Criminal Court of the City of New York 2012)
People v. James (Appellate Division of the Supreme Court of New York 1985)
People v. Vega (New York Supreme Court 2017)
People v. Stanislaus-Blache (Appellate Division of the Supreme Court of New York 2012)
People v. Eddo (Appellate Division of the Supreme Court of New York 2008)
People v. Desmarat (Appellate Division of the Supreme Court of New York 2007)
People v. George (Appellate Division of the Supreme Court of New York 2004)
People v. White (New York Supreme Court 1996)
People v. Rielly (Appellate Division of the Supreme Court of New York 1993)
People v. Baba-Ali (New York Supreme Court 1992)
People v. Kane (Appellate Division of the Supreme Court of New York 1991)
People v. Rodriguez (New York Supreme Court 1991)
People v. Thebner (Appellate Division of the Supreme Court of New York 1990)
People v. Gordon (Appellate Division of the Supreme Court of New York 1989)
People v. Reilly (Appellate Division of the Supreme Court of New York 1989)
People v. Jewell (Appellate Division of the Supreme Court of New York 1987)
People v. Lipman (Appellate Division of the Supreme Court of New York 1987)
People v. Williams (Appellate Division of the Supreme Court of New York 1986)
People v. Miller (N.Y. 1985)
People v. Donovon (Appellate Division of the Supreme Court of New York 1985)
People v. Ball (Appellate Division of the Supreme Court of New York 1984)
People v. Taper (Appellate Division of the Supreme Court of New York 1984)
People v. Friedman (Appellate Division of the Supreme Court of New York 1983)

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 of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

*846In granting the defendant’s motion to suppress,* the County Court expressly found not only that the defendant’s consent to the initial entry did not extend to the ones the police effected on the following morning and thereafter, but that there was no basis in the evidence for the application of the emergency doctrine to justify re-entry. These findings have support in the record and, having been affirmed by the Appellate Division, are not subject to further review of this court (People v Fernandez, 58 NY2d 791; People v Harrison, 57 NY2d 470). Moreover, absent a warrant, the re-entry was not sanctioned, without more, by the mere fact that a homicide was being investigated (see Mincey v Arizona, 437 US 385; People v Knapp, 52 NY2d 689, 694). The motion to suppress, therefore, was properly granted. For this reason, we have no occasion to pass upon the alternative theory on which the County Court also premised its determination, i.e., the legal conclusion that, once the defendant to the knowledge of the police had retained counsel, she no longer could “waive further her rights without the presence of counsel to permit the continuing search”.

Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Fuchsberg, Meyer and Simons concur.

Order affirmed in a memorandum.

The motion was made following our reversal of the conviction based upon evidentiary errors committed at trial (50 NY2d 908, mot for rearg den 50 NY2d 1060). There was no abuse of discretion in entertaining the motion to suppress for the first time upon remand (cf. People v Fuentes, 53 NY2d 892).

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