PEOPLE v. HENLEY


53 N.Y.2d 403 (1981)

The People of the State of New York, Respondent, v. Jim Henley, Jr., Appellant. The People of the State of New York, Respondent, v. Willie Norman Henley, Appellant.

Court of Appeals of the State of New York.

Decided June 18, 1981.


Attorney(s) appearing for the Case

Joseph B. Mistreet and Rose H. Sconiers for appellants.

Edward C. Cosgrove, District Attorney (Timothy R. Harvey of counsel), for respondent.

Judges JASEN, GABRIELLI, WACHTLER and MEYER concur with Judge JONES; Chief Judge COOKE dissents in part and votes to reverse the order affirming the judgment of conviction for grand larceny in the third degree and to affirm the order affirming the judgment of conviction for criminal trespass in the second degree, in a separate opinion in which Judge FUCHSBERG concurs.


JONES, J.

The lack of probable cause to sustain the custodial detention and transportation of one defendant operates to vitiate his ensuing consent to the search of the defendants' apartment. As to the other defendant, however, that consent is valid. The evidence seized in the apartment should therefore be suppressed as to one defendant but not as to the other.

Based on a radio call that a burglary was...

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