PEOPLE v. WHITE


16 N.Y.2d 270 (1965)

The People of the State of New York, Respondent, v. Stanley White, Appellant.

Court of Appeals of the State of New York.

Decided December 30, 1965.


Attorney(s) appearing for the Case

Neil Fabricant, Anthony F. Marra and Kalman Finkel for appellant.

Frank S. Hogan, District Attorney (Eric A. Seiff and Michael Juviler of counsel), for respondent.

Judges DYE, VAN VOORHIS, BURKE, SCILEPPI and BERGAN concur with Chief Judge DESMOND; Judge FULD dissents in a separate opinion.


Chief Judge DESMOND.

After his motion to suppress evidence as illegally obtained had been denied by a Judge of the New York City Criminal Court defendant pleaded guilty to a violation of section 1747-d of the Penal Law (possession of a hypodermic needle) and was sentenced to serve six months in the penitentiary. Appellate Term unanimously affirmed without opinion and defendant was granted leave to come here....

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