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PEOPLE v. OBEE

Appellate Division of the Supreme Court of New York, Second Department.
Nov 12, 2002
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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.