PEOPLE v. KUHN


33 N.Y.2d 203 (1973)

The People of the State of New York, Respondent, v. Joseph Kuhn, Appellant. The People of the State of New York, Respondent, v. Angelo Buongermino, Appellant.

Court of Appeals of the State of New York.

Decided December 27, 1973.


Attorney(s) appearing for the Case

Steven B. Mendelsohn and William E. Hellerstein for appellant in the first above-entitled action.

Michael F. Armstrong, District Attorney (Martin L. Bracken of counsel), for respondent in the first above-entitled action.

Steven Lloyd Barrett and William E. Hellerstein for appellant in the second above-entitled action.

Michael F. Armstrong, District Attorney (William J. Breuer of counsel), for respondent in the second above-entitled action.

Chief Judge FULD and Judges BURKE, BREITEL, GABRIELLI, JONES and WACHTLER concur.


JASEN, J.

In each of these cases, we are called upon to consider, for the first time, the propriety of predeparture searches of passengers at airports. Each of the defendants claims that the airport security measures in use, at the time of his arrest, violated his rights under the Constitution, particularly the Fourth Amendment.

Defendant Buongermino was convicted, upon his plea of guilty, of attempted...

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