PEOPLE v. HALE


93 N.Y.2d 454 (1999)

714 N.E.2d 861

692 N.Y.S.2d 649

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BRYAN HALE, Appellant.

Court of Appeals of the State of New York.

Decided June 10, 1999.


Attorney(s) appearing for the Case

Kelder, Kane & Associates, Manlius (Gary T. Kelder of counsel), for appellant.

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

Eliot Spitzer, Attorney General, Albany (Julie S. Mereson, Preeta D. Bansal, Peter H. Schiff and Nancy A. Spiegel of counsel), amicus curiae.

Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE, CIPARICK and WESLEY concur.


OPINION OF THE COURT

ROSENBLATT, J.

As a condition of probation in connection with a negotiated plea and sentence, defendant consented in writing to provisions permitting his probation officer to search his person, his vehicle, and his "place of abode" for illegal drugs and narcotic implements, during the period of probation. Claiming that his consent is legally inoperative, defendant asserts that the search provision is violative of his constitutional and...

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