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PEOPLE v. BURGER

67 N.Y.2d 338 (1986)

The People of the State of New York, Respondent, v. Joseph Burger, Appellant.

Court of Appeals of the State of New York.

Decided May 8, 1986.

Attorney(s) appearing for the Case

Stephen R. Mahler for appellant.

Elizabeth Holtzman, District Attorney (Leonard Joblove and Barbara D. Underwood of counsel), for respondent.

Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, TITONE and HANCOCK, JR., concur.

ALEXANDER, J.

We hold today that Vehicle and Traffic Law § 415-a (5) (a), which authorizes warrantless inspections of vehicle dismantling businesses, and New York City Charter § 436, which authorizes warrantless searches of junkyards and other businesses storing used, discarded or secondhand merchandise, violate the constitutional proscription against unreasonable searches and seizures.

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