PEOPLE v. FAYTON


276 A.D.2d 339 (2000)

715 N.Y.S.2d 2

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DOUGLAS FAYTON, Appellant.

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

Decided October 17, 2000.


The hearing court properly denied defendant's motion to suppress a gun found during a search of an apartment shared by the complainant and defendant. The record supports the court's finding that the search was based on valid consent. The complainant, who had previously reported to the police that defendant had menaced her with a gun, informed the police that there was a gun in the apartment, gave the gun's precise location, and later expressly consented to a search of the...

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