PEOPLE v. CLARK


144 Misc.2d 354 (1989)

The People of the State of New York, Plaintiff, v. Kevin Clark and Henry Bolden, Defendants.

Supreme Court, Bronx County.

August 3, 1989


Attorney(s) appearing for the Case

Anthony J. Ventura for Kevin Clark, defendant. Alvin C. Morris for Henry Bolden, defendant. Robert T. Johnson, District Attorney (Bruce Birns of counsel), for plaintiff.


FRED W. EGGERT, J.

This case presents a variation on the "plain view" doctrine: May the police seize items which they inadvertently discover from a lawful vantage point, when the items are neither contraband nor incriminating, but are useful in tracking down a fugitive?

There is virtually no authority on this subject, which is not surprising since the issue will presumably not arise except in the unusual situation where the police find evidence...

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