PEOPLE v. BERRIOS


28 N.Y.2d 361 (1971)

The People of the State of New York, Respondent, v. Clothilde Berrios, Appellant. The People of the State of New York, Respondent, v. Edmund Brown, Appellant. The People of the State of New York, Respondent, v. Joseph Bryant, Appellant. The People of the State of New York, Respondent, v. Hector Ortiz, Appellant. The People of the State of New York, Respondent, v. Leonard Tate, Appellant.

Court of Appeals of the State of New York.

Decided May 12, 1971.


Attorney(s) appearing for the Case

Donald H. Zuckerman, Milton Adler, William E. Hellerstein, Lewis B. Oliver, Jr., Carol Berkman and William A. Nelson for appellants.

Burton B. Roberts, District Attorney of Bronx County (Elliot L. Kaplan of counsel), for respondent in People v. Berrios.

Eugene Gold, District Attorney of Kings County (Harry Brodbar of counsel), for respondent in People v. Brown and People v. Ortiz.

Frank S. Hogan, District Attorney of New York County (Michael R. Juviler and Andrew E. Abraham of counsel), for respondent in People v. Bryant and People v. Tate.

Chief Judge FULD and Judges BURKE, BERGAN, BREITEL, JASEN and GIBSON concur.


SCILEPPI, J.

In each of these five appeals, the defendants have been charged with possession of heroin and arresting officers have testified that glassine envelopes containing narcotics were dropped on the ground as the defendants were approached by the police. We have been called upon to decide whether, in these "dropsy" cases, or for that matter whenever a warrantless search is presented, it is the People who...

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