New York Court of Appeals Roundup: In a Very Productive Month, Court Tackles Search and Seizure and Police Misconduct
12.19.23
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In their column in the New York Law Journal, Litigation Partners Bill Russell and Linton Mann III noted that the 18 opinions released by the Court of Appeals in November were the most in a single month in more than four years. They analyze one of those opinions, People v. Cuencas, in which the Court considered whether the police had a reasonable basis to believe that a third party provided consent to enter a premises where the police arrested the defendants without a warrant. In its decision, the Court reversed a ruling of the Appellate Division, Second Department, and found that the defendants’ rights under the New York and federal constitutions were violated because the facts known to the police at the time did not reasonably establish that the third party had apparent authority over the defendants’ apartment.
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