PEOPLE v. CONCEPCION


38 N.Y.2d 211 (1975)

The People of the State of New York, Respondent, v. Mario Concepcion, Appellant.

Court of Appeals of the State of New York.

Decided December 22, 1975.


Attorney(s) appearing for the Case

Steven Lloyd Barrett and William E. Hellerstein for appellant.

Mario Merola, District Attorney (Jo-Lynne Quong Lee of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.


MEMORANDUM.

The order of the Appellate Division should be affirmed.

Whether reasonable cause exists to conduct a warrantless search and seizure is essentially a factual determination and, as such, is beyond the scope of the power of review of this court unless, of course, the determination is erroneous as a matter of law (People v Alexander, 37 N.Y.2d 202, 204, and the authorities...

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