PEOPLE v. LOOMIS


255 A.D.2d 916 (1998)

682 N.Y.S.2d 743

The People of the State of New York, Respondent, v. Randy Loomis, Appellant

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

November 13, 1998


Judgment unanimously modified on the law and as modified affirmed in accordance with the following Memorandum: County Court erred in denying that part of the motion of defendant seeking suppression of items seized from his room pursuant to his consent to search obtained by the police while he was in custody and after he had invoked his right to counsel. "In these circumstances it was constitutionally impermissible to seek his consent to the search before he had been permitted...

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