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People v. Gates

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 21, 1990
168 A.D.2d 995 (N.Y. App. Div. 1990)

Opinion

December 21, 1990

Appeal from the Supreme Court, Erie County, Dadd, J.

Present — Denman, J.P., Boomer, Pine, Davis and Lowery, JJ.


Judgment unanimously affirmed. Memorandum: Defendant contends that the suppression court erred in denying his motion to exclude evidence of observations made by the police during a search of his business. There is no merit to defendant's claim that his father did not have the authority to consent to the search. In our view, the circumstances at the time of the search reasonably indicated that defendant's father had apparent authority to consent to the search and voluntarily did so (see, People v. Adams, 53 N.Y.2d 1, cert. denied 454 U.S. 854).

We have examined defendant's remaining contentions and find them to be without merit.


Summaries of

People v. Gates

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 21, 1990
168 A.D.2d 995 (N.Y. App. Div. 1990)
Case details for

People v. Gates

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DEAN GATES, Appellant…

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

Date published: Dec 21, 1990

Citations

168 A.D.2d 995 (N.Y. App. Div. 1990)
564 N.Y.S.2d 939