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People v. McGloin

Appellate Division of the Supreme Court of New York, Second Department
May 29, 1990
161 A.D.2d 805 (N.Y. App. Div. 1990)

Opinion

May 29, 1990

Appeal from the Supreme Court, Kings County (G. Aronin, J.).


Ordered that the judgment is affirmed.

We find that the hearing court properly denied suppression of the physical evidence. The record clearly establishes that the landlord, acting on his own initiative and as a private citizen, performed the search which uncovered the stolen property and led to the defendant's arrest. It is well settled that the proscriptions of the Fourth Amendment are inapplicable to citizens whose actions are private in nature (see, People v Ray, 65 N.Y.2d 282; People v. Hairston, 144 A.D.2d 383; People v Miller, 137 A.D.2d 626, 628-629). Lawrence, J.P., Kunzeman, Kooper and Harwood, JJ., concur.


Summaries of

People v. McGloin

Appellate Division of the Supreme Court of New York, Second Department
May 29, 1990
161 A.D.2d 805 (N.Y. App. Div. 1990)
Case details for

People v. McGloin

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID McGLOIN…

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

Date published: May 29, 1990

Citations

161 A.D.2d 805 (N.Y. App. Div. 1990)
556 N.Y.S.2d 372

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