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PEOPLE v. ROBERSON

134 Misc.2d 644 (1987)

The People of the State of New York, Plaintiff, v. Amy Roberson, Defendant.

Criminal Court of the City of New York, New York County.

February 5, 1987

Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney (Charles J. Meyer of counsel), for plaintiff. Henry Schnitzer for defendant.

MAX SAYAH, J.

THE ISSUE — "PLAIN VIEW"

In this suppression motion the court is called upon to restate the often misinterpreted doctrine of "Plain View". It is apparent from the facts of this case that law enforcement officials continue to have the mistaken impression that so long as evidence is clearly visible from a public area, it is subject to warrantless seizure. The defendant has contended...

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