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DAVIDSON v. CITY OF NEW YORK

5044, 301524/12.

155 A.D.3d 544 (2017)

65 N.Y.S.3d 520

2017 NY Slip Op 08313

ALVIN DAVIDSON, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided November 28, 2017.

Plaintiff testified that he found a bag containing a gun and that when he saw defendant Lt. Maloney walking towards him, he so informed the officer. Since "a search authorized by consent is wholly valid," plaintiff's claims of illegal search and seizure and false arrest must fail (see Schneckloth v Bustamonte, 412 U.S. 218, 222 [1973]). The suppression of the gun following a Dunaway/Mapp hearing, at which plaintiff did not testify...

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