PEOPLE v. TROIANO


35 N.Y.2d 476 (1974)

The People of the State of New York, Respondent, v. Leonard Anthony Troiano, Appellant.

Court of Appeals of the State of New York.

Decided December 20, 1974.


Attorney(s) appearing for the Case

Thomas J. Spargo for appellant.

Albert M. Rosenblatt, District Attorney (Jennifer L. Van Tuyl of counsel), for respondent.

Judges JASEN, JONES and STEVENS concur with Chief Judge BREITEL; Judge RABIN concurs in a separate opinion in which Judges GABRIELLI and WACHTLER concur.


Chief Judge BREITEL.

The principal issue on this appeal is whether, and to what extent, a search of the person is authorized as incident to a custodial detention for a misdemeanor traffic violation.

Defendant Troiano was arrested on the evening of January 8, 1969 pursuant to a warrant issued six days earlier authorizing his arrest upon the misdemeanor charge of driving while license suspended or revoked...

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