PEOPLE v. McNATT


65 N.Y.2d 1046 (1985)

The People of the State of New York, Respondent, v. Lafayette McNatt, Also Known as Lafayette Alexander, Appellant.

Court of Appeals of the State of New York.

Decided September 19, 1985.


Attorney(s) appearing for the Case

William E. Hellerstein and Bobette M. Masson for appellant.

Robert M. Morgenthau, District Attorney (Jeffrey Scott Sarokin of counsel), for respondent.

Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE, ALEXANDER and TITONE concur in memorandum.


MEMORANDUM.

The order of the Appellate Division should be reversed, the judgment of conviction vacated, the motion to suppress physical evidence granted and the indictment dismissed.

Although there was reasonable suspicion justifying the police officer's initial approach and inquiry of defendant, there was no basis under which the subsequent search of defendant's bag can be upheld. There was no probable cause to...

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