PEOPLE v. MOSLEY


26 A.D.2d 668 (1966)

The People of the State of New York, Appellant, v. Roy L. Mosley and John Massey, Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 5, 1966


Order, insofar as appealed from, reversed on the law and the facts, and motion denied.

In our opinion, the record supports the finding made by the court that the defendant Burkes voluntarily consented to the search of the automobile in which the firearm was found and thereby waived his constitutional protection against unreasonable search and seizure (cf. People v. Rodriguez, 11 N.Y.2d 279, 287; United States v. Smith...

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