PEOPLE v. RINCON


177 A.D.2d 125 (1992)

The People of the State of New York, Appellant, v. Amelio Rincon, Respondent

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

March 3, 1992


Attorney(s) appearing for the Case

Lynne DeLisi of counsel (Kathleen E. Fay with her on the brief; Robert M. Morgenthau, District Attorney, attorney), for appellant.

Lawrence Fleischer of counsel (Daniel J. Gotlin, attorney), for respondent.

ROSENBERGER, WALLACH, ROSS and SMITH, JJ., concur.


SULLIVAN, J. P.

This appeal presents the issue of whether a visitor to a courthouse impliedly consents to the search of a paper bag inside his waist pouch after he triggers the alarm of a metal detector and thereafter places the pouch on a table for the officer's inspection.

On August 17, 1989, Court Officers Rahor and Parascandolo were assigned to the security checkpoint in the lobby of the Criminal...

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