In People v. Olmo, 18 Misc 3d 307, 846 N.Y.S.2d 568, 2007 NY Slip Op 27474 [Sup Ct, Kings County 2007], the defendant's landlord alleged that the defendant threaten him with a gun, the defendant denied the allegation (id. at 308). The police asked the defendant for permission to search his apartment, but the defendant refused (id.). When the defendant's wife returned home from work some 20-25 minutes later, and after the defendant had been taken to the police station, she gave her consent to the police to search of the apartment (id. at 309). The court in Olmo held that Georgia v. Randolph did not apply and denied suppression. In so holding, the Olmo court found that the defendant's wife retained her right to cooperate with police and "the Randolph Court was emphatic about avoiding unseemly confrontations between disputing occupants when, both are physically present" which in Olmo the parties were not (id. at 310-311).