PEOPLE v. GAINES


36 A.D.2d 953 (1971)

The People of the State of New York, Respondent, v. Raymond Calvin Gaines, Appellant

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

May 3, 1971


Judgment and order affirmed.

Defendant was arrested while a guest in the apartment of one James Walker. Also in the apartment were Walker and Lorenzo Watts. The police had no arrest or search warrants, but did have probable cause to arrest defendant and Watts for burglary. While standing in the apartment, the arresting officer observed a jewelry chest on a shelf in an open closet and, observing that it matched the description of stolen property, he seized it. On the...

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