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PEOPLE v. COX

61 N.Y.2d 1020 (1984)

The People of the State of New York, Respondent, v. Earl Cox, Appellant.

Court of Appeals of the State of New York.

Decided March 29, 1984.

Attorney(s) appearing for the Case

Richard Ware Levitt for appellant.

Robert M. Morgenthau, District Attorney (Richard M. Breslow and Susan Corkery of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur.

MEMORANDUM.

The order of the Appellate Division should be reversed, the motion to suppress granted and a new trial ordered.

In the absence of factual findings by the trial court and the Appellate Division that the officers had probable cause to arrest defendant, we cannot say that the search of his duffel bag was lawful. (See People v Gokey, 60 N.Y.2d 309; People v Smith...

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