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PEOPLE v. PACE

65 N.Y.2d 684 (1985)

The People of the State of New York, Appellant, v. Sylvester Pace and Gaetano Pace, Respondents.

Court of Appeals of the State of New York.

Decided May 30, 1985.

Attorney(s) appearing for the Case

Elizabeth Holtzman, District Attorney (Michael J. Halberstam and Barbara D. Underwood of counsel), for appellant.

Richard T. Farrell, Bernard Kenny and Barbara L. Hartung for respondents.

Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE and ALEXANDER concur; Judge TITONE taking no part.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

The Appellate Division's factual finding does not preclude an appeal to this court (People v Albro, 52 N.Y.2d 619, 624). The warrantless search of defendants' automobile salvage yard was not undertaken for administrative purposes. Thus, New York City Charter § 436 is inapplicable, and the evidence obtained...

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