PROP. CLERK OF NEW YORK CITY POLICE DEP'T v. MEJIA


160 A.D.2d 323 (1990)

Property Clerk of New York City Police Department, Respondent, v. Rosalba Mejia et al., Appellants

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

April 10, 1990


Respondents, the common-law wife and child of a drug-related homicide victim, claim that the search of the decedent's apartment was in violation of the Fourth Amendment of the US Constitution. According to respondents' attorney, the common-law wife did not voluntarily consent to the search but, rather, consented out of apprehension after viewing photographs of her slain husband's body.

We find the hearsay affirmation of respondents' counsel and the general denial...

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