PEOPLE v. CARRASQUILLO


54 N.Y.2d 248 (1981)

The People of the State of New York, Respondent, v. William Carrasquillo, Appellant.

Court of Appeals of the State of New York.

Decided November 23, 1981.


Attorney(s) appearing for the Case

Helena Pichel Solleder for appellant.

Robert M. Morgenthau, District Attorney (Gregory L. Waples and Mark Dwyer of counsel), for respondent.

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


FUCHSBERG, J.

In the main, we here determine whether, under the facts in this case, William Carrasquillo's arrest following a street encounter with the police was made with probable cause, and, if it was not, whether physical evidence seized at the time of his arrest should have been suppressed as violative of the Fourth Amendment and the comparable section of our State Constitution (NY Const, art I, § 12...

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