PEOPLE v. McDANIEL


54 A.D.2d 741 (1976)

The People of the State of New York, Respondent, v. Earnest McDaniel, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 18, 1976


Judgment reversed, on the law, motion granted, and indictment dismissed. The findings of fact are affirmed.

A revolver was discovered during the course of a vehicle check which was prompted merely by caprice or curiosity and, as such, violated defendant's Fourth Amendment protection against unreasonable searches and seizures (see People v Ingle, 36 N.Y.2d 413). Since the stop was constitutionally impermissible, all evidence...

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