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PEOPLE v. KELLY

77 Misc.2d 264 (1974)

The People of the State of New York, Plaintiff, v. Peter Kelly, Defendant.

Criminal Court of the City of New York, Bronx County.

February 1, 1974

Attorney(s) appearing for the Case

Mario Merola, District Attorney (Lester Adler of counsel), for plaintiff. Richman & Rivera (Murray Richman of counsel), for defendant.

HOWARD E. GOLDFLUSS, J.

The issues raised herein place into focus the conflict between the New York State rule which limits search incidental to a traffic violation arrest (People v. Marsh, 20 N.Y.2d 98) and the Federal rule recently decided which permits full scale search under such circumstances (Gustafson v. Florida, 414 U.S. 260

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