No. 73-1627.

420 U.S. 283 (1975)


Supreme Court of United States.

Decided February 19, 1975.

Attorney(s) appearing for the Case

Robert S. Hammer, Assistant Attorney General of New York, argued the cause for petitioner. With him on the brief were Louis J. Lefkowitz, Attorney General, pro se, Samuel A. Hirshowitz, First Assistant Attorney General, and Irving Galt, Assistant Attorney General.

Stanley Neustadter argued the cause for respondent. With him on the brief was William E. Hellerstein.

MR. JUSTICE STEWART delivered the opinion of the Court.

The respondent Leon Newsome was arrested pursuant to N. Y. Penal Law § 240.35 (6) for loitering in the lobby of a New York City Housing Authority apartment building. A search of Newsome conducted at the time of his arrest produced a small quantity of heroin and related narcotics paraphernalia. Consequently, in addition to the offense of loitering, he was also charged with possession of a dangerous drug,...

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