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PEOPLE v. SPENCER

74 A.D.2d 77 (1980)

The People of the State of New York, Respondent, v. Robert A. Spencer, Appellant The People of the State of New York, Respondent, v. Dean J. Hurley, Appellant

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

April 8, 1980

Attorney(s) appearing for the Case

Palmiere, Passero & Crimi (Charles F. Crimi of counsel), for Robert A. Spencer, appellant.

John J. La Duca for Dean J. Hurley, appellant.

Stuart O. Miller, District Attorney (Karen F. McGee of counsel), for respondent.

DOERR and SCHNEPP, JJ., concur with CARDAMONE, J. P.; SIMONS and MOULE, JJ., dissent and vote to affirm in an opinion by MOULE, J.

CARDAMONE, J. P.

We must decide whether the warrantless search of a sealed cardboard carton found in the trunk of defendant Spencer's automobile which at the time was being operated by defendant Hurley was illegal under the facts of this case. We believe that it was.

On July 26, 1977 the New York State Police arrested David Hudson for possession of marihuana. During questioning, Hudson revealed that $2...

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