New York Court of Appeals

The People v. Tramel Cuencas

November 21, 2023

Summary

The Court of Appeals held that police unlawfully entered Cuencas’s apartment without a warrant because the circumstances did not establish that the unidentified person who opened the building’s exterior door had apparent authority to consent to entry into the apartment. The court reversed and remitted for determination of whether evidence obtained as a result of the unlawful arrest was sufficiently attenuated from the illegality.