PEOPLE v. WESTERMAN


123 Misc.2d 680 (1984)

The People of the State of New York, Plaintiff, v. John Westerman, Defendant.

Supreme Court, Trial Term, New York County.

March 28, 1984


Attorney(s) appearing for the Case

Edward N. Herman for defendant. Robert M. Morgenthau, District Attorney (Vivian Friedman of counsel), for plaintiff.


HERMAN CAHN, J.

The following constitutes the opinion, decision and order of the court.

The instant case presents the novel question of whether a police search of a car known to be rented by defendant is proper, when defendant was then a passenger in another car parked across the street. The time of the search was late at night; the place was a street in a high crime area in New York County. Defendant had just been searched incident to his arrest...

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