PEOPLE v. L'HOMMEDIEU


62 Misc.2d 925 (1970)

The People of the State of New York, Respondent, v. Eugene F. L'Hommedieu, Appellant.

Supreme Court, Appellate Term, Second Department.

March 4, 1970


Attorney(s) appearing for the Case

Edward A. Weiss for appellant. William Cahn, District Attorney (Gino Papa of counsel), for respondent.

Concur — GULOTTA, P. J., PITTONI and McCULLOUGH, JJ.


Per Curiam.

While concededly there was absent here the basis for a reasonable search and seizure under the Fourth Amendment of the Constitution as applied to the public at large, in determining what is reasonable with respect to a person on probation, there must be taken into account the dual purpose of protecting the public as well as rehabilitating the criminal. The search is reasonable if under all the circumstances...

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