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People v. Davy

Appellate Division of the Supreme Court of New York, First Department
Feb 25, 1997
236 A.D.2d 308 (N.Y. App. Div. 1997)

Opinion

February 25, 1997.

Judgment, Supreme Court, New York County (Ronald Zweibel, J., at suppression hearing; Ira Beal, J., at jury trial and sentencing), rendered March 15, 1994, convicting defendant of criminal possession of a weapon in the fourth degree, and sentencing him to a conditional discharge, unanimously affirmed.

Before: Murphy, P.J., Wallach, Williams and Mazzarelli, JJ.


The People met their burden of establishing that defendant consented to a police entry into his apartment when he voluntarily spoke with them and gave them his gun. The record supports the conclusion that defendant's consent was not the result of "overbearing official pressure" ( People v Gonzalez, 39 NY2d 122, 128). Defendant's remaining contentions are without merit.


Summaries of

People v. Davy

Appellate Division of the Supreme Court of New York, First Department
Feb 25, 1997
236 A.D.2d 308 (N.Y. App. Div. 1997)
Case details for

People v. Davy

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CLAUDE DAVY, Appellant

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 25, 1997

Citations

236 A.D.2d 308 (N.Y. App. Div. 1997)
654 N.Y.S.2d 309

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