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PEOPLE v. GARY

14 N.Y.2d 730 (1964)

The People of the State of New York, Respondent, v. Alfred James Gary, Appellant. The People of the State of New York, Respondent, v. Maurice Bagley, Appellant. The People of the State of New York, Respondent, v. John O'Dell Martin, Appellant.

Court of Appeals of the State of New York.

Decided May 7, 1964.

Attorney(s) appearing for the Case

Louis P. Jacobs and Louis Raybin for Alfred James Gary, appellant.

Josephine D. Greene and Anthony F. Marra for remaining appellants.

Frank D. O'Connor, District Attorney (Harvey B. Ehrlich of counsel), for respondent.

Concur: Chief Judge DESMOND and Judges DYE, VAN VOORHIS, BURKE, SCILEPPI and BERGAN. Judge FULD dissents in the following opinion.

Judgments affirmed.

FULD, J. (dissenting).

The police officer who arrested the defendants, acting solely on suspicion and unchecked information from an unknown informant, had no reasonable or probable cause for effecting their arrest. The seizure of the articles (received in evidence) may not, therefore, be justified as an incident to lawful arrest. The requisite probable cause must, of course, exist...

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