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PEOPLE v. FREGOSI

258 A.D.2d 259 (1999)

685 N.Y.S.2d 32

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE FREGOSI, Also Known as ANTHONY FRAGOSA, Appellant.

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

Decided February 2, 1999.

Defendant's suppression motion was properly denied. The record, including evidence of explicit written permission to search, supports the hearing court's conclusion that defendant's brother's consent to search the apartment they shared was voluntary (People v Gonzalez, 39 N.Y.2d 122).

The verdict was based on legally sufficient evidence and was not against the weight of the evidence...

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