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PEOPLE v. SABAT

255 A.D.2d 118 (1998)

679 N.Y.S.2d 311

The People of the State of New York, Respondent, v. Carlos Sabat, Appellant

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

November 5, 1998

Defendant's suppression motion was properly denied. The People met their burden of establishing that the codefendant effectively consented to a police entry into the subject apartment by stepping back from the door after the officer explained his reason for seeking entry (People v Washington, 209 A.D.2d 817, lv denied 85 N.Y.2d 944; People v Davis, 120 A.D.2d 606, lv denied

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