The People of the State of New York, Respondent,
v.
Guy F. Scott, Appellant.
The People of the State of New York, Respondent,
v.
George Keta, Appellant.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued January 8, 1992.
Argued January 15, 1992.
Decided April 2, 1992.
Attorney(s) appearing for the Case
Terence L. Kindlon for appellant in the first above-entitled action.
James E. Downey, District Attorney, for respondent in the first above-entitled action.
Stephen R. Mahler for appellant in the second above-entitled action.
Richard A. Brown, District Attorney (Barbara D. Underwood and Michael O'Brien of counsel), for respondent in the second above-entitled action.
Judges KAYE, ALEXANDER and HANCOCK, JR., concur with Judge TITONE; Judge KAYE concurs in a separate opinion in which Judges ALEXANDER, TITONE and HANCOCK, JR., also concur; Judge BELLACOSA dissents and votes to affirm in another opinion in which Chief Judge WACHTLER and Judge SIMONS concur.
Court of Appeals of the State of New York.
HANCOCK, JR., J.
People v Scott
In Oliver v United States (466 U.S. 170) the Supreme Court fully reaffirmed the doctrine articulated in Hester v United States (265 U.S. 57): that in areas outside the curtilage, an owner of "open fields" enjoys no Fourth Amendment protection. This is so, the Oliver majority held...
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