Matter of Antoine
Cases that cite this one
7 later published cases cite this decision.
- People v. Newson (Appellate Division of the Supreme Court of New York 2017)
- People v. Thomas (Appellate Division of the Supreme Court of New York 2005)
- People v. Bordeaux (Appellate Division of the Supreme Court of New York 1992)
- People v. Valerio (Appellate Division of the Supreme Court of New York 2000)
- People v. Fields (Appellate Division of the Supreme Court of New York 1999)
- People v. Fields (Appellate Division of the Supreme Court of New York 1999)
- People v. Hollman (N.Y. 1992)
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
Memorandum.
The order of the Appellate Division should be affirmed, without costs.
Although the police had an "objective credible reason” for approaching the defendant, the pointed questioning regarding the ownership of the bag and consent to search it was im *890 proper because it was not based on a founded suspicion of criminal activity (People v De Bour, 40 NY2d 210, 215). Because the defendant’s consent was a product of the improper police inquiry, the Family Court erred when it found that the defendant had consented to the search of his bag (see, People v Hollman, 79 NY2d 181 [decided today]).
Chief Judge Wachtler and Judges Simons, Kaye, Titone, Hancock, Jr., and Bellacosa concur; Judge Alexander taking no part.
Order affirmed, without costs, in a memorandum.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.