Opinion
October 15, 1969
Appeal from the Nassau County District Court, BEATRICE S. BURSTEIN, J.
William Cahn, District Attorney ( Gino Papa of counsel), for appellant.
Joseph F. Soviero, Jr., for Kenneth A. Cohen, respondent.
Jesse Moss for Bruce Pellman, respondent.
William G. Kerwick for Sheldon W. Raskin, respondent.
Wiener Cohen for Frank Wiener, respondent.
The sole argument presented by the People upon this appeal is that the search was incidental to a lawful arrest. The arrest, however, followed the search which was itself illegal.
The order should be unanimously affirmed.
Concur — GULOTTA, P.J., GLICKMAN and PITTONI, JJ.
Order affirmed.