PEOPLE v. RIVERA


41 Misc.2d 934 (1964)

The People of the State of New York, Plaintiff, v. John Rivera, Defendant.

Supreme Court, Special and Trial Term, New York County.

January 27, 1964


Attorney(s) appearing for the Case

Anthony F. Marra for defendant. Frank S. Hogan, District Attorney (R. Popper of counsel), for plaintiff.


SAMUEL J. SILVERMAN, J.

Defendant, indicted for burglary and related crimes, moves to suppress evidence allegedly obtained by unlawful and unconstitutional search. The moving affidavit of defendant recites that "On October 25, 1963, at about 9:30 A.M. I was walking on West 105th Street, New York City, when * * * the arresting officer searched me." It then recites the property claimed by the arresting officer to have been taken from his possession —...

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