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People v. Maldonado

Appellate Division of the Supreme Court of New York, Second Department
Jun 1, 1992
184 A.D.2d 531 (N.Y. App. Div. 1992)

Opinion

June 1, 1992

Appeal from the County Court, Westchester County (Nicolai, J.).


Ordered that the judgment is affirmed.

Acting on a tip that the defendant was engaging in drug-related activity at a bar, police approached her in the bar and asked her to step outside. The defendant, who was not a novice to the criminal justice system, testified at the suppression hearing that she voluntarily accompanied the police officers, with whom she had cooperated in the past, outside to the street (see, People v. Gonzalez, 39 N.Y.2d 122). Against that backdrop, and although there are sharply conflicting versions of what thereafter transpired, there is no basis for disturbing the hearing court's determination that the credible evidence established that defendant voluntarily consented to a search of her purse (cf., People v. Rivera, 60 N.Y.2d 910; People v Prochilo, 41 N.Y.2d 759; People v. Crandall, 172 A.D.2d 618; People v. Garafolo, 44 A.D.2d 86). A finding that defendant's consent was the product of calculation rather than coercion or awe (see, People v. Gonzalez, supra, at 129) is fully supported by the record. Mangano, P.J., Sullivan, Harwood and O'Brien, JJ., concur.


Summaries of

People v. Maldonado

Appellate Division of the Supreme Court of New York, Second Department
Jun 1, 1992
184 A.D.2d 531 (N.Y. App. Div. 1992)
Case details for

People v. Maldonado

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SOLMARIA MALDONADO…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 1, 1992

Citations

184 A.D.2d 531 (N.Y. App. Div. 1992)
586 N.Y.S.2d 135

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