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THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. DOUGLAS FAYTON, DEFENDANT-APPELLANT.

The hearing court properly denied defendant's motion to suppress a gun found during a search of an apartment shared by the complainant and defendant. The record supports the court's finding that the search was based on valid consent. The complainant, who had previously reported to the police that defendant had menaced her with a gun, informed the police that there was a gun in the apartment gave the gun's precise location and later expressly consented to a search of the apartment. The police properly relied on the complainant's apparent authority to consent to a search of her entire apartment, including the room in which defendant was located, there being no indication that the room was exclusively defendant's (see, People v. Figueroa, 267 A.D.2d 183, lv denied 94 N.Y.2d 919). The record also supports the court's finding that the search was justified as an emergency action (see, People v. Adams, 236 A.D.2d 293, lv denied 90 N.Y.2d 854).

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

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PEOPLE v. FAYTON
(Oct 17, 2000)