Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Attorney(S)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH MURPHY, Appellant.

On summary consideration, order affirmed. We cannot say, as a matter of law, that defendant did not consent to having the police enter his apartment. The presence of the four uniformed officers, the fact that one officer placed his hand on the door to the apartment, and the fact that defendant was clad in his underwear at the time in question are only factors to be taken into account when determining whether consent was voluntarily given. ( People v Kuhn, 33 N.Y.2d 203, 208-209.) Under the circumstances of this case, the record before us offers no reason to disturb the affirmed determination that defendant voluntarily consented to the police entry into his apartment.

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.

Use AI to get other relevant cases.

Comments

PEOPLE v. MURPHY
(Dec 23, 1981)