People v. Hughes (30 N.Y.2d 810, 1972)

no opinion.

Concur: Judges Scileppi, Bergan, Beeitel, Jasen and Gibson.

Chief Judge Fuld and Judge Burke dissent and vote to reverse upon the ground that the People failed to sustain their burden of establishing that the defendant Hughes “ freely and voluntarily” consented to the search. (Bumper v. North Carolina, 391 U. S. 543, 548; see, also, Higgins v. United States, 209 F. 2d 819, 820.) It follows, therefore, that the search was unlawful and the evidence seized inadmissible.