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  5. 66 N.Y.2d 417 (1985)
 

PEOPLE v. BIGELOW

66 N.Y.2d 417 (1985)

The People of the State of New York, Appellant, v. Richard James Bigelow, Respondent.

Court of Appeals of the State of New York.

Decided November 26, 1985.

Attorney(s) appearing for the Case

Michael F. Griffith, District Attorney (John L. Callaghan of counsel), for appellant.

Alan S. Hoffman for respondent.

Jerrold L. Neugarten, Anthony J. Girese and Norman Barclay for New York State District Attorneys Association, amicus curiae.

Mark J. Mahoney, Ephraim Marglin, Jonathan E. Gradess and Jean Corigliano for The National Association of Criminal Defense Lawyers and another, amici curiae.

Chief Judge WACHTLER and Judges MEYER, KAYE and ALEXANDER concur with Judge SIMONS; Judges JASEN and TITONE concur in result for reasons stated in Judge TITONE'S concurring opinion in People v Johnson (, 408 [decided herewith]).

SIMONS, J.

On December 26, 1981 while driving in the Village of Arcade, New York, defendant was arrested without a warrant and his automobile seized. He was subsequently charged and convicted of criminal possession of a controlled substance in the third degree and criminal possession of hypodermic needles. The contraband upon which his conviction rests was not seized by a search incident to the arrest but was...

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