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PEOPLE v. MARCELINO

133 A.D.2d 653 (1987)

The People of the State of New York, Respondent, v. Victor Marcelino, Appellant

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

October 5, 1987

Ordered that the judgment is affirmed.

We agree with the hearing court's finding that one of the occupants of the apartment in which the defendant was arrested had the capacity and did in fact voluntarily and knowingly consent to a search of all the rooms in the apartment (see, People v Cosme, 48 N.Y.2d 286). Therefore, upon entering the apartment, the police could properly pursue the defendant, who had darted into...

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