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PEOPLE v. RIVERA

60 N.Y.2d 910 (1983)

The People of the State of New York, Appellant, v. Carlos Rivera, Respondent.

Court of Appeals of the State of New York.

Decided November 23, 1983.

Attorney(s) appearing for the Case

Elizabeth Holtzman, District Attorney (Nikki Kowalski and Barbara D. Underwood of counsel), for appellant.

Mary Falk Horwitz and William E. Hellerstein for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur.

MEMORANDUM.

The order of the Appellate Division should be reversed and the case remitted to that court for determination of the facts.

The Appellate Division held that defendant's wife's consent to entry of the apartment by the police was involuntary as a matter of law and that, in consequence, the gun should be suppressed and the indictment dismissed. Although in doing...

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