PEOPLE v. ANDERSON


24 N.Y.2d 12 (1969)

The People of the State of New York, Respondent, v. Benjamin Anderson, Appellant.

Court of Appeals of the State of New York.

Decided February 20, 1969.


Attorney(s) appearing for the Case

Lewis B. Oliver, Jr., and Anthony F. Marra for appellant.

Eugene Gold, District Attorney (Carl S. Wolfson of counsel), for respondent.

Chief Judge FULD and Judges BURKE, SCILEPPI and BREITEL concur in Per Curiam opinion; Judge BERGAN dissents and votes to affirm in a separate opinion in which Judges KEATING and JASEN concur.


Per Curiam.

The People concede that before the police officer opened the tin box and discovered the glassine envelopes of heroin, there was no probable cause to make an arrest and, therefore, the search cannot be sustained on the ground that it was incident to a lawful arrest. Accordingly, the only basis upon which the search could be sustained is, as the People contend, that the defendant abandoned the evidence seized...

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