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People v. Cassone

Court of Appeals of the State of New York
Jun 4, 1964
14 N.Y.2d 798 (N.Y. 1964)

Opinion

Argued May 5, 1964

Decided June 4, 1964

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, THOMAS DICKENS, J.

Philip Segal and Samuel Segal for Edward Cassone, appellant.

Gretchen White Oberman and Anthony F. Marra for remaining appellants.

Frank S. Hogan, District Attorney ( Alan Frederick Leibowitz and H. Richard Uviller of counsel), for respondent.



Orders affirmed; no opinion.

Concur: Chief Judge DESMOND and Judges DYE, VAN VOORHIS, BURKE, SCILEPPI and BERGAN. Judge FULD dissents and votes to reverse the orders of the Appellate Division and to reinstate the order of the Supreme Court upon the ground that the police, acting solely on suspicion, had no reasonable or probable cause for effecting the arrest of defendants. The seizure of the articles, received in evidence, may not be justified as an incident to lawful arrest. (See, e.g., Henry v. United States, 361 U.S. 98; Rios v. United States, 364 U.S. 253; Stoner v. California, 376 U.S. 483, 486.)


Summaries of

People v. Cassone

Court of Appeals of the State of New York
Jun 4, 1964
14 N.Y.2d 798 (N.Y. 1964)
Case details for

People v. Cassone

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDWARD CASSONE…

Court:Court of Appeals of the State of New York

Date published: Jun 4, 1964

Citations

14 N.Y.2d 798 (N.Y. 1964)
251 N.Y.S.2d 33
200 N.E.2d 214

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