People v. Shaw

Summary

The court held that police unlawfully arrested Shaw through a coercive constructive entry into the apartment, even though he exited before officers took him into custody. It further held that third-party consent may be subject to attenuation analysis and that the Appellate Division applied the wrong legal factors in assessing the tenant's consent, requiring remittal solely as to the weapon-possession count supported by the seized gun. Any error was harmless as to the remaining convictions because the evidence supporting those counts was overwhelming.