People v. Dobson, 285 A.D.2d 737 (N.Y. App. Div. 2001). · Go Syfert
People v. Dobson, 285 A.D.2d 737 (N.Y. App. Div. 2001). Cases Citing This Book View Copy Cite
16 citation events (16 in the last 25 years) across 4 distinct courts.
Strongest positive: People v. Ramirez (nycrimctbronx, 2025-11-12)
Top citers, strongest first. 12 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Ramirez (2×)
Bronx Criminal Ct. · 2025 · confidence medium
In Medel-Dominguez , the Appellate Term upheld the hearing court's suppression of the IDTU result because the People did not introduce a translation of the conversation in Spanish between Defendant and the IDTU officer or a translation of a Spanish video ( id. at *1 [citing People v Dobson , 285 AD2d 737, 738 [2001]).
discussed Cited as authority (rule) People v. Guzy
N.Y. App. Div. · 2018 · confidence medium
As defendant never raised this issue before County Court, a record was not made regarding the circumstances surrounding the consent, and the People were never put to their burden of proving, from the totality of the circumstances, that the consent was voluntary, and the record reflects no evidence from which a finding of involuntariness could be based ( see People v Centerbar , 80 AD3d at 1010-1011 ; People v Skardinski , 24 AD3d 1207, 1208 [2005]; People v Dobson , 285 AD2d 737, 738 [2001], lvs denied 97 NY2d 655 , 658 [2001]).
discussed Cited as authority (rule) People v. Medel-Dominguez (Hesiquio)
N.Y. App. Term. · 2017 · confidence medium
We find no basis to disturb the suppression court's finding that the People failed to meet their burden of proof on the question of defendant's voluntary consent to the breathalyzer test ( see generally People v Dobson , 285 AD2d 737, 738 [2001], lv denied 97 NY2d 658 [2001]), where the People failed to present a full translation of the video recording of the test, particularly the conversation in Spanish between defendant and the Intoxicated Driver Testing Unit officer immediately prior to the administration of the test.
discussed Cited as authority (rule) People v. Williford
N.Y. App. Div. · 2015 · confidence medium
The People bear a heavy burden to establish that the consent was freely and voluntarily given based on the totality of the circumstances (see People v Gonzalez, 39 NY2d 122, 128-129 [1976]; People v Dobson, 285 AD2d 737, 738 [2001], lv denied 97 NY2d 655 [2001]).
discussed Cited as authority (rule) People v. Abraham
N.Y. App. Div. · 2013 · confidence medium
Moreover, to the extent that the defendant’s consent argument is based on a theory that the driver’s consent was involuntary, this contention is unpreserved for appellate review (see People v Boucher, 97 AD3d 597, 598 [2012]) and, in any event, is without merit (see People v Edwards, 46 AD3d 698, 699 [2007]; People v Dobson, 285 AD2d 737, 738 [2001]; People v Artis, 201 AD2d 488, 489 [1994]).
discussed Cited as authority (rule) People v. Abraham
N.Y. App. Div. · 2013 · confidence medium
Moreover, to the extent that the defendant’s consent argument is based on a theory that the driver’s consent was involuntary, this contention is unpreserved for appellate review (see People v Boucher, 97 AD3d 597, 598 [2012]) and, in any event, is without merit (see People v Edwards, 46 AD3d 698, 699 [2007]; People v Dobson, 285 AD2d 737, 738 [2001]; People v Artis, 201 AD2d 488, 489 [1994]).
cited Cited as authority (rule) People v. Marietta
N.Y. App. Div. · 2009 · confidence medium
We find that the defendant’s consent to this test was voluntary under the totality of the circumstances (see generally People v Dobson, 285 AD2d 737, 738 [2001]).
cited Cited as authority (rule) People v. Snipe
N.Y. Sup. Ct. · 2007 · confidence medium
(See People v Dobson, 285 AD2d 737, 738 [3d Dept 2001].) The officers did not draw weapons as they spoke with Ms. Snipe, or force their way into the apartment in an attempt to obtain the consent.
discussed Cited as authority (rule) People v. Marshall
N.Y. App. Div. · 2004 · confidence medium
The evidence also provides sufficient support for County Court’s conclusion that Caulkins’s subsequent entry into defendant’s suite was with the consent of one of its lawful inhabitants, and her discussion with defendant in the exterior hallway, her recovery of the ecstasy pills and her entry into his bedroom all occurred with his voluntary consent (see People v Dobson, 285 AD2d 737, 738 [2001], lv denied 97 NY2d 658 [2001]).
discussed Cited "see, e.g." People v. Martinez
Bronx Criminal Ct. · 2025 · signal: see also · confidence medium
However, the Court holds that its prior reliance upon the First Department's holding in Medel-Dominquez is still sound ( see Medel-Dominquez , 2017 NY Slip Op 51747[U] , *1 ["The People failed to present a full translation of the video recording of the test, particularly the conversation in Spanish between defendant and the Intoxicated Driver Testing Unit officer"]; see also People v Dobson , 285 AD2d 737, 738 [1st Dept 2001]["Where the People rely on consent to justify an otherwise unlawful intrusion, they bear the heavy burden of establishing that such consent was freely and voluntarily give…
discussed Cited "see, e.g." People v. Martinez
Bronx Criminal Ct. · 2025 · signal: see also · confidence medium
However, the Court holds that its prior reliance upon the First Department's holding in Medel-Dominquez is still sound ( see Medel-Dominquez , 2017 NY Slip Op 51747[U] , *1 ["The People failed to present a full translation of the video recording of the test, particularly the conversation in Spanish between defendant and the Intoxicated Driver Testing Unit officer"]; see also People v Dobson , 285 AD2d 737, 738 [1st Dept 2001]["Where the People rely on consent to justify an otherwise unlawful intrusion, they bear the heavy burden of establishing that such consent was freely and voluntarily give…
discussed Cited "see, e.g." People v. Martinez
Bronx Criminal Ct. · 2024 · signal: see also · confidence medium
It is well-settled that the People have the burden of proof concerning a defendant's [*2]voluntary consent to a breathalyzer test ( see People v Medel-Dominquez , 58 Misc 3d 130[A] , 2017 NY Slip Op 51747[U] , *1 [1st Dept 2017]["The People failed to present a full translation of the video recording of the test, particularly the conversation in Spanish between defendant and the Intoxicated Driver Testing Unit officer"]; see also People v Dobson , 285 AD2d 737, 738 [1st Dept 2001]["Where the People rely on consent to justify an otherwise unlawful intrusion, they bear the heavy burden of establi…
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Anthony Dobson, Also Known as Koran Rutherford
Appellate Division of the Supreme Court of the State of New York.
Jul 12, 2001.
285 A.D.2d 737
Mugglin.
Cited by 15 opinions  |  Published
—Mugglin, J.

Appeal from a judgment of the County Court of Broome County (Mathews, J.), rendered June 14, 1999, upon a verdict convicting defendant of the crimes of criminal possession of a weapon in the second degree, criminal possession of a weapon in the third degree and assault in the third degree.

As limited by his brief, the sole issue raised by defendant is whether County Court erred when it refused to suppress the handgun recovered by the police at his apartment. An altercation occurred outside a tavern in the City of Binghamton, Broome County, in which defendant, before fleeing, allegedly fired several shots from a handgun into the air. During their investigation, the police located defendant at a hospital where he had taken a friend who had been severely cut during the altercation. When questioned, defendant gave the police his home address and consent to search his automobile which was located outside of the hospital. After searching the automobile,[*738] two members of the police department proceeded to defendant’s apartment. After knocking on the front door and identifying themselves as police officers, they observed defendant’s girlfriend, through a window, carry a plastic bag containing a heavy object from the kitchen to the bedroom where she secreted it under the bedcovers. She then opened the door and was asked by one of the officers if there was a gun in the apartment. She first denied that there was, but upon being told of the officers’ observations, she retrieved the bag which contained the gun and gave it to them. During this time, the officers remained just inside the front door. Upon receipt of the gun, the officers then asked permission to search the apartment to look for three shells missing from the gun’s chamber. Upon obtaining her consent, they searched the premises.

Assuming, arguendo, that the handgun was recovered as a result of a search, we find no error in County Court’s refusal to suppress it. Defendant concedes that his girlfriend (and her three-year-old child) resided in the apartment with him and that she had total and complete access to all areas of the apartment. Nevertheless, he argues that the consent to search was not voluntary because the police did not advise her of her right to refuse to consent.

“Where the People rely on consent to justify an otherwise unlawful police intrusion, they bear the ‘heavy burden’ of establishing that such consent was freely and voluntarily given” (People v London, 124 AD2d 254, 255, lv denied 68 NY2d 1001 [citations omitted]; see, People v Corniel, 258 AD2d 812, 813, lv denied 93 NY2d 968). Whether consent has been given is a question of fact to be resolved by examining the totality of the circumstances and, therefore, great weight is afforded to the findings of the suppression court (see, People v London, supra, at 255). While no one factor is determinative, courts consider whether the person giving consent was in custody or under arrest (here she was not), evasive or uncooperative (here, after the initial denial, she was cooperative), advised of his or her right to refuse to consent (she apparently was not), and whether the consent was voluntary when considering the background of the person giving consent (see, People v Gonzalez, 39 NY2d 122, 128-130). This record contains no evidence that consent was not freely given. Moreover, it was not mandatory for the police to advise defendant’s girlfriend that she may refuse to consent to the search (see, People v London, supra, at 255; People v Auxilly, 173 AD2d 627, 628, lv denied 78 NY2d 1125).

Cardona, P. J., Mercure, Crew III and Rose, JJ., concur. Ordered that the judgment is affirmed.