PEOPLE v. SMITH


35 Misc.2d 533 (1962)

The People of the State of New York, Plaintiff, v. Harold Smith, Defendant.

County Court, Kings County.

August 1, 1962


Attorney(s) appearing for the Case

Edward S. Silver, District Attorney (Frank Di Lalla of counsel), for plaintiff. Joseph P. Addabbo for defendant.


NATHAN R. SOBEL, J.

A hearing has been held on this motion to suppress (Code Crim. Pro., § 813-c).

The search was made without a search warrant. And, although probable cause to arrest existed, the search was not incidental to and contemporaneous with an arrest. (People v. O'Neill, 11 N.Y.2d 148.) In fact the defendant was not arrested until many days later. Such a search without a search warrant...

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