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PEOPLE v. McRAY

51 N.Y.2d 594 (1980)

The People of the State of New York, Appellant, v. Buster McRay, Also Known as Buster McCray, Respondent. The People of the State of New York, Respondent, v. Charles J., Appellant. The People of the State of New York, Appellant, v. Ronald Hester, Respondent.

Court of Appeals of the State of New York.

Decided December 18, 1980.

Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney (Robert M. Pitler and Susan Corkery of counsel), for appellant in the first above-entitled case.

Howard W. Muchnick for respondent in the first above-entitled case.

Joseph Calluori and William E. Hellerstein for appellant in second above-entitled case.

Robert M. Morgenthau, District Attorney (Robert M. Pitler and Susan Corkery of counsel), for respondent in the second above-entitled case.

Robert M. Morgenthau, District Attorney (Robert M. Pitler and Susan Corkery of counsel), for appellant in the third above-entitled case.

Elaine T. Stogel and William E. Hellerstein for respondent in the third above-entitled case.

Judges JASEN, GABRIELLI, JONES, WACHTLER and MEYER concur with Chief Judge COOKE; Judge FUCHSBERG concurs in a separate opinion.

Chief Judge COOKE.

These three appeals involve variations of the common glassine envelope scenario.

They are the latest in the persistent line of those cases assaying the weight to be accorded the passing of glassine envelopes in determining whether probable cause was established for a narcotics arrest. In the present day culture, such evidence presents such a strong clue of criminality that little more...

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