PEOPLE v. LERHINAN


90 A.D.2d 74 (1982)

The People of the State of New York, Respondent, v. Michael P. Lerhinan, Appellant

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

November 22, 1982


Attorney(s) appearing for the Case

Matthew Muraskin (Madeline Kochen and Michael J. Obus of counsel), for appellant.

Denis Dillon, District Attorney (George Freed, Samuel E. Rieff and Anthony J. Girese of counsel), for respondent.

GULOTTA, BRACKEN and BOYERS, JJ., concur.


LAZER, J. P.

Because the constitutional validity of hotel and boarding room searches has evoked only limited jurisprudence in this State, this case provides the opportunity to illuminate the relationship between the Fourth Amendment and real property law. The search here challenged turned up the fruits of the crime and resulted in defendant's plea of guilty to burglary in the third degree after his motion to suppress was denied. We conclude that a hotel...

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