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PEOPLE v. LO CICERO

28 N.Y.2d 525 (1971)

The People of the State of New York, Respondent, v. Carlo Lo Cicero, Appellant.

Court of Appeals of the State of New York.

Decided January 7, 1971.

Attorney(s) appearing for the Case

William Sonenshine and Gustave H. Newman for appellant.

Eugene Gold, District Attorney (Stanley M. Meyer of counsel), for respondent.

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.

Judgment affirmed in the following memorandum: There was probable cause for the arrest, and the entrance into the apartment to effect that arrest, based on the observations through the partly opened door coupled with the information the police had obtained previously. Assuming that the ensuing search was wider than permitted under the rule in Chimel v. California (395 U.S. 752), there is no need or warrant to accord retroactive effect...

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