PEOPLE v. TUNIS


26 N.Y.2d 1043 (1970)

The People of the State of New York, Appellant, v. Joseph Tunis, Respondent.

Court of Appeals of the State of New York.

Decided May 13, 1970.


Attorney(s) appearing for the Case

Michael F. Dillon, District Attorney (Judith Blake Manzella of counsel), for appellant.

Robert M. Murphy and Edward A. Fredette for respondent.

Concur: Chief Judge FULD and Judges BURKE, BERGAN, BREITEL and GIBSON. Judge SCILEPPI dissents and votes to reverse in the following opinion in which Judge JASEN concurs.


Order affirmed.

SCILEPPI, J. (dissenting).

I dissent and vote to reverse.

The majority holds that defendant's wife did not consent to the removal by the police of defendant's shotgun and shells and that this evidence was properly suppressed. I disagree since the facts adduced at the suppression hearing do not indicate that the police conducted a search of the apartment. Therefore, the question...

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