PEOPLE v. MONTAGUE


19 N.Y.2d 121 (1967)

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

Court of Appeals of the State of New York.

Decided February 16, 1967.


Attorney(s) appearing for the Case

Vincent W. Lanna for appellant.

Leonard Rubenfeld, District Attorney (Jerome K. Karver of counsel), for respondent.

Judges BERGAN, SCILEPPI and BREITEL concur with Judge BURKE; Chief Judge FULD dissents in an opinion in which Judges VAN VOORHIS and KEATING concur.


BURKE, J.

Defendant was convicted upon his plea of guilty to the crime of possessing cigarettes containing cannabis (marihuana) (Penal Law, § 1751-a, subd. 1), which plea was entered after a pretrial motion to suppress certain evidence had been denied. This evidence (six marihuana cigarettes) was the product of a search of his person conducted by police officers pursuant to a warrant. It is now claimed that...

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