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PEOPLE v. MENDITTO

59 A.D.2d 705 (1977)

The People of the State of New York, Appellant v. Gerald Menditto, Respondent

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

October 3, 1977

Order reversed, on the law and the facts, and motion denied.

The defendant having been validly arrested in the building lobby, as Criminal Term found, the seizure of gambling records which he had attempted to secrete in a folder on the front seat of his double parked vehicle, to which he went for identification, was proper. The actions of the police officers here, in effect, impounded the vehicle (cf. People v Molloy, 56 A.D.2d 877

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