PEOPLE v. LUCAS


53 N.Y.2d 678 (1981)

The People of the State of New York, Respondent-Appellant, v. Richard P. Lucas, Appellant-Respondent.

Court of Appeals of the State of New York.

Decided March 26, 1981.


Attorney(s) appearing for the Case

Carl J. Silverstein for appellant.

Joseph Jaffe, District Attorney (Stephen F. Lungen of counsel), for respondent.

Robert Abrams, Attorney-General (Frederick R. Walsh and Shirley Adelson Siegel of counsel), in his statutory capacity pursuant to section 71 of the Executive Law.

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


MEMORANDUM.

Insofar as appealed from by defendant, the order of the Appellate Division should be reversed, the statements made by defendant on the airplane and the physical evidence seized in the motel room suppressed and the case remitted for further proceedings on the indictment. The cross appeal taken by the People should be dismissed.

Following a jury trial, defendant was convicted of murder in the second degree...

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