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PEOPLE v. CALIENTE

12 N.Y.2d 89 (1962)

The People of the State of New York, Respondent, v. Anthony Caliente, Appellant. The People of the State of New York, Respondent, v. Joseph Sessa, Appellant. The People of the State of New York, Respondent, v. William Perlman and Abraham Bernstein, Appellants. The People of the State of New York, Respondent, v. Jerry Cognetta and Frank Grecco, Appellants.

Court of Appeals of the State of New York.

Argued December 4, 1962.

Submitted December 6, 1962.

Decided December 31, 1962.

Attorney(s) appearing for the Case

Sidney G. Sparrow and Robert E. Sparrow for Anthony Caliente and Joseph Sessa, appellants.

Stephen A. Fuschino for William Perlman and Abraham Bernstein, appellants.

Frances Kahn for Jerry Cognetta and Frank Grecco, appellants.

Frank D. O'Connor, District Attorney (Benj. J. Jacobson and Harvey B. Ehrlich of counsel), for respondent in the first above-entitled action.

Frank D. O'Connor, District Attorney (Benj. J. Jacobson and Mary Eileen O'Shea of counsel), for respondent in the second above-entitled action.

Frank S. Hogan, District Attorney (Joseph A. Phillips, H. Richard Uviller and Herbert J. Stern of counsel), for respondent in the third above-entitled action.

Edward S. Silver, District Attorney (William I. Siegel and Raymond J. Scanlon of counsel), for respondent in the fourth above-entitled action.

Chief Judge DESMOND and Judges FULD, VAN VOORHIS and FOSTER concur with Judge FROESSEL; Judges DYE and BURKE dissent and vote to affirm for the reasons stated in the dissenting opinion in People v. Caliente, decided herewith.

FROESSEL, J.

Each of the defendants in these four cases was convicted, after trial, of misdemeanors relating to book-making (Penal Law, §§ 986, 986-b). Each defendant urges that his conviction must be reversed because his constitutional rights were violated by the arresting officer's alleged illegal search and seizure, and the introduction against him of evidence obtained thereby. In each case the arresting...

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