PEOPLE v. HALE


242 A.D.2d 112 (1998)

673 N.Y.S.2d 700

The People of the State of New York, Appellant, v. Bryan Hale, Respondent

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

May 26, 1998


Attorney(s) appearing for the Case

James M. Catterson, Jr., District Attorney of Suffolk County, Riverhead (Michael J. Miller of counsel), for appellant.

David W. Clayton, Hauppauge, for respondent.

Dennis C. Vacco, Attorney-General, New York City (Barbara G. Billet, Nancy A. Spiegel and Julie S. Mereson of counsel), pro se, amicus curiae.

THOMPSON, J. P., KRAUSMAN and LUCIANO, JJ., concur.


GOLDSTEIN, J.

At issue here is whether a condition of the defendant's sentence of probation on a prior conviction, which authorized the warrantless search of the defendant's "place of abode", violated the defendant's constitutional or statutory rights. We hold that it did not.

Upon his conviction of criminally negligent homicide and violating Navigation Law § 49-a (2), the defendant was sentenced...

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