PEOPLE v. SMITH


42 N.Y.2d 961 (1977)

The People of the State of New York, Respondent, v. Clarence Smith, Appellant.

Court of Appeals of the State of New York.

Decided July 7, 1977.


Attorney(s) appearing for the Case

Judith Preble and William E. Hellerstein for appellant.

Eugene Gold, District Attorney (Alan D. Rubinstein 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, and the indictment dismissed. Connection with a rented automobile alone did not give the police sufficient cause to stop defendant. The use of the flashlight in the circumstances of this case which resulted in the discovery of the firearm and the drugs was an unwarranted intrusion into the interior of the vehicle. There was no basis for...

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