PEOPLE v. MOORE


32 N.Y.2d 67 (1973)

The People of the State of New York, Respondent, v. Barbara Moore, Appellant.

Court of Appeals of the State of New York.

Decided March 21, 1973.


Attorney(s) appearing for the Case

Robert Naidus, William E. Hellerstein and Robert Kasanof for appellant.

Thomas J. Mackell, District Attorney (Charles M. Newell of counsel), for respondent.

Judges BURKE, GABRIELLI and JONES concur with Judge JASEN; Judge WACHTLER dissents and votes to reverse in a separate opinion in which Chief Judge FULD concurs; Judge BREITEL taking no part.


JASEN, J.

The issue on this appeal concerns the validity under the Fourth Amendment of a warrantless search of the defendant's handbag and the seizure of a loaded revolver. After a hearing, the defendant's motion to suppress the weapon was denied. Thereupon, she entered a plea of guilty to the lesser offense of attempted possession of a dangerous weapon and the Appellate Term, Second Department, affirmed the conviction...

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