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PEOPLE v. CLEMENTS

37 N.Y.2d 675 (1975)

The People of the State of New York, Appellant, v. John Clements and Mark Metzger, Respondents.

Court of Appeals of the State of New York.

Decided October 28, 1975.

Attorney(s) appearing for the Case

Denis Dillon, District Attorney (William C. Donnino and Jules E. Orenstein of counsel), for appellant.

Alan Manning Miller for respondents.

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

JONES, J.

In the circumstances disclosed in this record we hold that, incident1 to the arrest of defendants in their apartment, it was lawful for the police to seize the bricks of marijuana found in a closed dresser drawer as well as the marijuana and drug paraphernalia which were in plain view.

A named informer, apparently previously unknown to the police, but identified...

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