PEOPLE v. BELTON


55 N.Y.2d 49 (1982)

The People of the State of New York, Respondent, v. Roger Belton, Appellant.

Court of Appeals of the State of New York.

Decided February 11, 1982.


Attorney(s) appearing for the Case

Paul J. Cambria, Jr., and Barbara Davies Eberl for appellant.

James R. Harvey, District Attorney (R. Michael Tantillo of counsel), for respondent.

Judges JONES, WACHTLER and MEYER concur with Chief Judge COOKE; Judge GABRIELLI concurs in a separate opinion in which Judge JASEN concurs; Judge FUCHSBERG dissents and votes to reverse in another opinion.


Chief Judge COOKE.

The United States Supreme Court having disagreed with our perception of the requirements of the Fourth Amendment to the United States Constitution and reversed our earlier decision, this case comes once again to this court. Defendant urges that, although the search in question has been held valid under the Federal Constitution, we should hold that it violated section 12 of article I of the State...

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