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PEOPLE v. BEALE

209 A.D.2d 210 (1994)

618 N.Y.S.2d 643

The People of the State of New York, Respondent, v. Arthur Beale, Appellant The People of the State of New York, Respondent, v. John Halo, Appellant

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

November 10, 1994

The hearing court properly found that defendant Beale and the property recovered from him had been seized by private citizens, not subject to Fourth Amendment constraints (People v Adler, 50 N.Y.2d 730, 737, cert denied 449 U.S. 1014). The hearing court also properly found that police entry into defendant Halo's apartment was consented to by the sublessee and thus was lawful (People v Cosme, 48 N.Y...

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