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PEOPLE v. MUNOZ

40 A.D.2d 337 (1973)

The People of the State of New York, Appellant, v. Ronald Anthony Munoz, Respondent

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

January 29, 1973.

Attorney(s) appearing for the Case

Hugh Anthony Levine of counsel (Michael R. Juviler with him on the brief; Frank S. Hogan, District Attorney), for appellant.

Milton M. Rosenberg (Lawrence K. Feitell with him on the brief), attorney for respondent.

NUNEZ and KUPFERMAN, JJ., concur with CAPOZZOLI, J., in separate opinions; McGIVERN, J. P., dissents in an opinion.

CAPOZZOLI, J.

Neither suspicious, nor equivocal behavior alone, justifies a search (People v. Brown, 24 N.Y.2d 421; People v. Corrado, 22 N.Y.2d 308), and the fact that defendant was actually in possession of narcotics does not change the illegal search into a legal one, because a search is bad or good when it starts and it is not made good by what is found. It clearly...

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