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PEOPLE v. KELLEY

220 A.D.2d 456 (1995)

631 N.Y.S.2d 926

The People of the State of New York, Respondent, v. Ben Kelley, Also Known as Ben Kelly, Appellant

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

October 2, 1995

Ordered that the judgment is affirmed.

Based upon the police officers' hearing testimony, the hearing court properly held that the officers had a good faith basis for concluding that the defendant's mother, who owned the house they lived in, had the authority to consent to a search of the defendant's bedroom (see, People v Velazquez, 140 A.D.2d 179, affd 73 N.Y.2d 815). It...

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