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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES HARDGERS, Appellant.

Judgment unanimously affirmed. Memorandum: Supreme Court properly refused to instruct the jury on the defense of justification; no reasonable view of the evidence established the elements of the defense (see, People v Reynoso, 73 N.Y.2d 816). Defendant contends that the court should have suppressed the gun because his sister lacked authority to consent to the search. We disagree. Here, the "searching officers rel[ied] in good faith on the apparent capability of [defendant's sixteen-year-old sister] to consent to a search and the circumstances reasonably indicate[d] that [she did], in fact, have the authority to consent" (People v Adams, 53 N.Y.2d 1, 9, rearg denied 54 N.Y.2d 832, cert denied 454 U.S. 854; see, People v Bostic [appeal No. 1], 222 A.D.2d 1073 [decided herewith]).

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PEOPLE v. HARDGERS
(Dec 22, 1995)