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PEOPLE v. ABRAMS

95 A.D.2d 155 (1983)

The People of the State of New York, Respondent, v. Cornell Abrams, Appellant

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

July 25, 1983

Attorney(s) appearing for the Case

William E. Hellerstein (Karen Goldstein of counsel), for appellant.

John J. Santucci, District Attorney (Catherine Lomuscio and Richard G. Denzer of counsel), for respondent.

DAMIANI, J. P., MANGANO and THOMPSON, JJ., concur.

LAZER, J.

The issue is the effect of a police ruse on the validity of a consent to search. On the facts before us, the consent was not undermined by the police conduct involved.

At about 4:15 A.M. on October 9, 1978, Police Officer Jerome Leonard peered from the window of his house and saw a man emerge from a house across the street and place articles in the trunk of a car about 50 feet from Leonard...

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