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PEOPLE v. SMITH

59 N.Y.2d 454 (1983)

The People of the State of New York, Respondent, v. Reggie Smith, True Name Craig Smith, Appellant.

Court of Appeals of the State of New York.

Decided July 7, 1983.

Attorney(s) appearing for the Case

Robert J. Boyle for appellant.

Robert M. Morgenthau, District Attorney (Robert M. Pitler and David H. Steiner of counsel), for respondent.

Chief Judge COOKE and Judges JONES and WACHTLER concur with Judge MEYER; Judge JASEN concurs in result in a concurring opinion in which Judge SIMONS concurs.

MEYER, J.

A container capable of concealing a weapon and the contents of which are readily accessible, taken from a person arrested or from the area readily accessible to him, may be searched without a warrant when the search is close in time to the arrest and there is reason to suspect that the arrested person may be armed. There being no violation of defendant's rights...

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