PEOPLE v. LEAVITT


301 N.Y. 113 (1950)

The People of the State of New York, Respondent, v. Louis Henry Leavitt, Appellant.

Court of Appeals of the State of New York.

Decided June 1, 1950


Attorney(s) appearing for the Case

W. Roger Pratt for appellant.

Everett L. Arthur, District Attorney (James F. Dowling of counsel), for respondent.

LOUGHRAN, Ch. J., LEWIS, DESMOND, DYE, FULD and FROESSEL, JJ., concur.


CONWAY, J.

On April 22, 1949, shortly after 10:00 P.M., State troopers accompanied by a detective of the Utica police department drove to a residence in Westmoreland. One of the State troopers noticed a truck backed against the porch. He described it as a "van-type affair with a canvas covering the back opening of the van." He testified that he lifted the canvas and observed two men on the truck. One of them was...

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