PEOPLE v. B.


32 A.D.2d 840 (1969)

The People of the State of New York, Respondent, v. Joseph B. (Anonymous), Appellant

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

June 30, 1969


Judgment reversed, on the law and the facts, and information dismissed.

In our view, the seizure of certain shirts and pairs of socks from appellant's bedroom was illegal. These items were unexpectedly found by the searching officer in appellant's bedroom, where the officer was conducting a search pursuant to a search warrant in connection with another crime. It is clear that the warrant could not form the basis for the seizure of the shirts and socks in question...

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