Opinion
April 13, 1999
Appeal from the Supreme Court, Bronx County (David Stadtmauer, J.).
Defendant's motion to suppress physical evidence was properly denied. We see no reason to disturb the court's credibility determinations, which are supported by the record. The hearing evidence established that, after talking her brother out of their mother's apartment at the request of the police, defendant's sister willingly escorted the police and her boyfriend into the apartment at 2:45 A.M., watched television, ate and freely moved about the apartment, all with the knowledge and acquiescence of her mother, the lessee. This gave the police a reasonable basis to believe that defendant's sister had apparent authority to consent to the police entry into and subsequent search of the apartment ( see, People v. Adams, 53 N.Y.2d 1, 9, cert denied 454 U.S. 854). Moreover, the People established that, under the totality of circumstances, the written consent to search subsequently signed by defendant's mother was freely given and not the product of any unlawful police conduct ( see, People v. Gonzalez, 39 N.Y.2d 122). We have considered and rejected defendant's remaining claims concerning the suppression issue.
The court's Sandoval ruling was properly balanced and was an appropriate exercise of discretion ( see, People v. Walker, 83 N.Y.2d 455).
Concur — Rosenberger, J. P., Tom, Mazzarelli and Saxe, JJ.