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PEOPLE v. ETOLL

51 N.Y.2d 840 (1980)

The People of the State of New York, Respondent, v. Thelma F. Etoll, Appellant.

Court of Appeals of the State of New York.

Decided October 16, 1980.

Attorney(s) appearing for the Case

Thomas J. Neidl and J. Raymond Fisher for appellant.

Sol Greenberg, District Attorney (George H. Barber of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

At trial, two notebooks containing prostitution records were admitted into evidence against defendant. On this appeal defendant contends that these notebooks, which were seized by a police officer who was lawfully in her apartment for the purpose of executing an arrest warrant, should not have been admitted into evidence under the "plain view" doctrine...

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