PEOPLE v. ALEXANDER


37 N.Y.2d 202 (1975)

The People of the State of New York, Respondent, v. Leon Alexander, Appellant.

Court of Appeals of the State of New York.

Decided June 19, 1975.


Attorney(s) appearing for the Case

Barry Bassis and William E. Hellerstein for appellant.

Richard H. Kuh, District Attorney (Kenneth P. Kolson and Lewis R. Friedman of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, JONES and WACHTLER concur with Judge GABRIELLI; Judge COOKE dissents and votes to reverse in a separate opinion in which Judge FUCHSBERG concurs.


GABRIELLI, J.

The defendant seeks to have set aside his conviction, upon his plea of guilty, of the crime of attempted criminal possession of a dangerous drug. The Appellate Division has affirmed (44 A.D.2d 910) and the defendant contends, basically, that there was a lack of probable cause to authorize the seizure of a quantity of heroin.

While riding in the right rear passenger seat of a marked patrol...

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