PEOPLE v. WEINTRAUB


35 N.Y.2d 351 (1974)

The People of the State of New York, Appellant, v. Alan Weintraub, Also Known as Alan Winters, Also Known as Barry Shapiro, Respondent.

Court of Appeals of the State of New York.

Decided November 21, 1974.


Attorney(s) appearing for the Case

Richard H. Kuh, District Attorney (T. James Bryan and Michael R. Juviler of counsel), for appellant.

Herbert Kramer for respondent.

Chief Judge BREITEL and Judges GABRIELLI, JONES and RABIN concur with Judge JASEN; Judge WACHTLER concurs in result in a separate opinion; Judge STEVENS taking no part.


JASEN, J.

The defendant was arrested and taken into custody for criminal trespass without a warrant. The contents of an attache case in his possession, seized during a contemporaneous search of his person, furnish the basis for this prosecution for criminally possessing stolen property. A motion to suppress the contents of the attache case was denied, after which the defendant pleaded guilty. The Appellate Division...

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