PEOPLE v. HART


286 A.D.2d 584 (2001)

729 N.Y.S.2d 890

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. CECIL HART, Respondent.

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

Decided September 6, 2001.


The People failed to meet their burden of proving that consent to search defendant's house was voluntarily provided by his common-law wife. Under the totality of these circumstances, the consent provided was not "an unequivocal product of an essentially free and unconstrained choice" (People v Gonzalez, 39 N.Y.2d 122, 128; see also, People v Litt, 71 A.D.2d 926

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