PEOPLE v. ETHERIDGE


175 A.D.2d 739 (1991)

The People of the State of New York, Respondent, v. Josephus Etheridge, Appellant

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

August 22, 1991


In this complex theft and forgery case, the only issue that warrants discussion is whether the police search of the defendant's car and attache case, without a warrant, was unconstitutional. We limit the fact recital to those relevant to this issue.

On January 3, 1980, at 10:30 P.M., Detective James Fazzini and his partner, Police Officer Fred Panaro, while on patrol in a marked police car, observed defendant pass a red light on Watson Avenue in the Bronx. When defendant...

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