PEOPLE v. MOSS


34 A.D.2d 986 (1970)

The People of the State of New York, Appellant, v. Tyde Moss, Respondent

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

June 15, 1970


Order reversed, on the law and the facts, and defendant's motion denied.

In our opinion, although the search warrant authorized the seizure of narcotics, and nothing else, and although only a small and unindictable quantity of narcotics was unearthed on the officers' search in pursuance of the authority granted to them by the search warrant, nevertheless, their simultaneous discovery of weapons which constituted contraband, the mere possession of which was a crime...

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