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PEOPLE v. GONZALEZ

33 A.D.2d 762 (1969)

The People of the State of New York, Respondent, v. David Gonzalez, Defendant-Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

December 11, 1969

The search of the storeroom, an area separate from and having no direct access to the restaurant in which the defendant was arrested, was unreasonable and constitutionally unjustified and the challenged evidence must be suppressed. (Harris v. United States, 331 U.S. 145; United States v. Rabinowitz, 339 U.S. 56.) The strictly limited right of search or seizure incident to a lawful arrest, the narrow...

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