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PEOPLE v. SMITH

135 A.D.2d 190 (1988)

The People of the State of New York, Appellant, v. Russell Smith, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 22, 1988

Attorney(s) appearing for the Case

John J. Santucci, District Attorney (Ellen Abbott of counsel), for appellant.

Kenneth E. Bruce for respondent.

MOLLEN, P. J., and SPATT, J., concur with SULLIVAN, J.; EIBER, J., dissents and votes to reverse the order appealed from and deny those branches of the defendant's omnibus motion which were to suppress physical evidence, his statements to law enforcement authorities, and a lineup identification of him, with an opinion in which LAWRENCE, J., concurs.

SULLIVAN, J.

On this appeal we are called upon to determine if the actions of a Port Authority police officer in conducting a warrantless search and seizure of a package scheduled to be sent as airfreight was justified under the emergency exception. It should be noted that this was the sole basis advanced by the District Attorney at the hearing and on this appeal. The hearing court determined that the actions...

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