The New York Court of Appeals released 18 opinions in November, the most in a single month in more than four years. Eight of the opinions were 4-3 split decisions dealing with constitutional challenges, including government search and seizures, an individual’s right to bear arms and alleged police misconduct. Chief Judge Rowan D. Wilson and Judges Jenny Rivera, Shirley Troutman and Caitlin Halligan comprised the majority opinion in most of the 4-3 split decisions, with Judges Anthony Cannataro, Michael Garcia and Madeline Singas in the minority.

One such opinion was People v. Cuencas, in which the Court of Appeals considered whether the police had a reasonable basis to believe that a third party provided consent to enter a premises where the police found and arrested the defendants without a warrant. In an opinion written by Chief Judge Wilson, the court held as a matter of law that the police did not have a reasonable belief that the third party had apparent authority over the premises and, accordingly, the warrantless entry into the premises violated the defendant’s rights under the New York and federal constitutions.