PEOPLE v. SMITH


21 N.Y.2d 698 (1967)

The People of the State of New York, Respondent, v. Francis Smith, Iona Gibbs and William Smith, Appellants.

Court of Appeals of the State of New York.

Decided December 29, 1967.


Attorney(s) appearing for the Case

Paul A. Victor and Saverio A. Muschio for appellant.

Isidore Dollinger, District Attorney (Roy Broudny of counsel), for respondent.

Chief Judge FULD and Judges VAN VOORHIS, BURKE, SCILEPPI, BERGAN, KEATING and BREITEL concur.


Per Curiam.

Since the defendant William Smith was not named or described in the warrant and since the arresting officer did not have probable cause to believe that he had committed a crime — although he did enter the premises while the officer was there — the motion to suppress which he made should be granted. (See, e.g., United States v. Di Re, 332 U.S. 581, 587; United...

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