PEOPLE v. GREEN


42 N.Y.2d 1023 (1977)

The People of the State of New York, Appellant, v. Vino Green, True Name Henry Dunn, Respondent.

Court of Appeals of the State of New York.

Decided October 4, 1977.


Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney (Robert M. Pitler, Peter L. Zimroth and Richard M. Seltzer of counsel), for appellant.

Arthur M. Unterman and Milton M. Rosenberg for respondent.

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


MEMORANDUM.

The order of the Appellate Division should be reversed.

On the last appeal the only question we had before us was whether the warrants authorized a search of the defendant outside the Lucas apartment. We held that the search was beyond the scope of the warrants and did not address the question of probable cause to arrest. Although the People had argued, in the alternative, that the search could be justified...

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