PEOPLE v. COSTALES


39 N.Y.2d 973 (1976)

The People of the State of New York, Respondent, v. Jose Costales, Appellant.

Court of Appeals of the State of New York.

Decided July 6, 1976.


Attorney(s) appearing for the Case

Charles Sutton for appellant.

John M. Braisted, Jr., District Attorney (Norman C. Morse of counsel), for respondent.

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


MEMORANDUM.

Order of the Appellate Division reversed, the motion to suppress granted, the judgment of conviction vacated, and the indictment dismissed.

Of the many issues raised by defendant, only one merits the reversal he seeks. The search of defendant's raincoat, merely because it fell with a thud to the floor, was not justified. The immediate detention of defendant for questioning and identification was justified...

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