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PEOPLE v. GONZALEZ

115 A.D.2d 73 (1986)

The People of the State of New York, Appellant, v. Antonio Gonzalez, Respondent

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

March 4, 1986

Attorney(s) appearing for the Case

Steven M. Jaeger for respondent.

Peter D. Coddington of counsel (Stuart L. Sanders with him on the brief; Mario Merola, District Attorney, attorney), for appellant.

FEIN and ELLERIN, JJ., concur with KASSAL, J.; KUPFERMAN, J. P., and SULLIVAN, J., dissent in an opinion by SULLIVAN, J.

KASSAL, J.

The primary issues before us are: (1) defendant's standing; (2) was there probable cause to search the brown paper bag situated between defendant, seated in the front passenger seat of the vehicle, and Brenda Martinez, who was seated in the driver's seat; and (3) have the People established that there was a voluntary consent to the warrantless search. In...

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