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PEOPLE v. SIBRON

18 N.Y.2d 603 (1966)

The People of the State of New York, Respondent, v. Nelson Sibron, Appellant.

Court of Appeals of the State of New York.

Decided July 7, 1966.

Attorney(s) appearing for the Case

Kalman Finkel and Anthony F. Marra for appellant.

Aaron E. Koota, District Attorney (Michael Schwartz of counsel), for respondent.

Concur: Chief Judge DESMOND and Judges BURKE, SCILEPPI, BERGAN and KEATING. Judge FULD dissents and votes to reverse for the reasons stated in his dissenting opinion in People v. Peters (, 248), decided herewith; Judge VAN VOORHIS dissents and votes to reverse in the following opinion.

Judgment affirmed.

VAN VOORHIS, J. (dissenting).

There was no probable cause to make an arrest prior to the discovery of this package of heroin when the officer put his hand into the suspect's pocket allegedly frisking him for a dangerous weapon, nor do the People contend on this appeal that there was probable cause to make an arrest. The testimony of the officer on the pretrial hearing of the motion to suppress suggests that he was looking for...

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