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PEOPLE v. FALU

85 A.D.2d 501 (1981)

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

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

December 1, 1981

As implicitly acknowledged by the People, the search of the car trunk which revealed the gun, possession for which defendant was convicted, may be sustained only on a finding that the People had met its heavy burden of proving the defendant's voluntary consent to the search. (People v Gonzales, 39 N.Y.2d 122, 128.) The record discloses that before the police officers' request to the defendant to open the trunk of the car, to which...

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