PEOPLE v. GONZALEZ


39 N.Y.2d 122 (1976)

The People of the State of New York, Appellant, v. Joseph Gonzalez and Tracy Gonzalez, Respondents.

Court of Appeals of the State of New York.

Decided March 30, 1976.


Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney (Robert M. Pitler, Peter L. Zimroth and T. James Bryan of counsel), for appellant.

Joseph I. Stone for respondents.

Judges GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur with Chief Judge BREITEL; Judge JASEN dissents and votes to reverse in a separate opinion.


Chief Judge BREITEL.

The exclusive issue is whether in a criminal action defendants' written consents to search their apartment were involuntary as a matter of law, as indeed the Appellate Division concluded.

Defendants, after denial of their motions to suppress drugs uncovered and seized under the consents, were convicted upon their pleas of guilty of possession of drugs (Penal Law, § 220.16). The...

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