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THE PEOPLE, ETC., respondent, v. ANTHONY OBEE, appellant.

DECISION ORDER

ORDERED that the judgment is affirmed.

While police officers were attempting to gain access to the defendant's apartment to arrest him in connection with a prior assault, one police officer encountered a woman who appeared on the scene. The woman claimed to reside with the defendant as his "live-in girlfriend." She voluntarily consented to a search of the apartment which was to take place following the defendant's arrest. In fact, she gave such consent on two occasions. The consent by this co-occupant of the apartment furnished justification for the ensuing warrantless search (see United States v. Matlock, 415 U.S. 164; People v. Cosme, 48 N.Y.2d 286; People v. Garnsey, 288 A.D.2d 761; People v. Fayton, 276 A.D.2d 339; People v. Bostic, 222 A.D.2d 1073; People v. Beriguette, 199 A.D.2d 515; People v. Perez, 185 A.D.2d 330).

ALTMAN, J.P., GOLDSTEIN, McGINITY and MASTRO, JJ., concur.

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PEOPLE v. OBEE
(Nov 12, 2002)