PEOPLE v. GOMEZ


24 A.D.3d 276 (2005)

808 N.Y.S.2d 626

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FELIX GOMEZ, Appellant.

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

December 22, 2005.


On the prior appeal to this Court, defendant argued, inter alia, that his consent to the vehicle search was not voluntary, that the search exceeded the scope of the consent and that probable cause for the search was lacking. Concluding that the search exceeded the scope of defendant's consent,1 the Court of Appeals reversed our affirmance of the judgment and remitted the matter to this Court for consideration of issues raised but not determined...

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