PEOPLE v. SCULL


37 N.Y.2d 833 (1975)

The People of the State of New York, Respondent, v. John T. Scull, Appellant.

Court of Appeals of the State of New York.

Decided October 17, 1975.


Attorney(s) appearing for the Case

Victor A. Rippo, Public Defender (Raymond T. Burgasser of counsel), for appellant.

Aldo L. Di Florio, District Attorney (Shavasp Hanesian of counsel), for respondent.

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


MEMORANDUM.

Order of the Appellate Division modified to the extent of reversing and vacating the conviction and concurrent sentence for criminal possession of dangerous drugs (marijuana), and the order is otherwise affirmed.

The marital privilege did not preclude the police from acting, as indeed it was their duty to act, on the wife's information and the house search consented to by her. The house search yielded...

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