PEOPLE v. JACKSON


46 N.Y.2d 171 (1978)

The People of the State of New York, Respondent, v. Joshaway Jackson, Appellant.

Court of Appeals of the State of New York.

Decided December 21, 1978.


Attorney(s) appearing for the Case

Richard A. Miller for appellant.

Lawrence T. Kurlander, District Attorney (Sharon P. Stiller of counsel), for respondent.

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


WACHTLER, J.

The question on this appeal is whether a probation officer, who has received anonymous information that a defendant on probation has a gun and is dealing in drugs, may summarily search the defendant, his automobile and other possessions. The courts below held the search was valid and the defendant has appealed.

In 1973 the defendant, charged with possessing dangerous drugs and a weapon, pleaded...

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