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PEOPLE v. RANDAZZO

15 N.Y.2d 526 (1964)

The People of the State of New York, Respondent, v. Joseph John Randazzo, Appellant.

Court of Appeals of the State of New York.

Decided October 15, 1964.

Attorney(s) appearing for the Case

John R. Coughlin for appellant.

Frank S. Hogan, District Attorney (Joseph A. Phillips of counsel), for respondent.

Concur: Judges DYE, VAN VOORHIS, BURKE, SCILEPPI and BERGAN. Chief Judge DESMOND concurs solely on the ground that the search of the parolee's apartment was incidental to his arrest on a valid administrative warrant. Judge FULD dissents in the following opinion.

Judgment affirmed. Defendant-appellant, as a parolee, was deprived of no constitutional rights by the search and seizure which was made under the circumstances of this case (People ex rel. Natoli v. Lewis, 287 N.Y. 478; Anderson v. Corall, 263 U.S. 193).

FULD, J. (dissenting).

If the search of the defendant's apartment leading to the seizure of narcotics is to be justified, it must be on the ground...

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