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People v. Lopez

Appellate Division of the Supreme Court of New York, Second Department
Nov 16, 1964
22 A.D.2d 813 (N.Y. App. Div. 1964)

Opinion

November 16, 1964


Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered January 9, 1964 after a jury trial, convicting him of possession of narcotic drugs as a felony, and imposing sentence upon him as a third felony offender. Judgment affirmed. In our opinion, there was no search here because the police officer obtained possession of the narcotics after they were no longer in defendant's possession; they had been discarded by him. ( People v. Battle, 12 N.Y.2d 866; People v. Pittman 14 N.Y.2d 885; United States v. Zimple 318 F.2d 676.) Even if it be assumed that there was a search, the search was incidental to a lawful arrest based on probable cause. Beldock, P.J., Ughetta, Christ, Hill and Rabin, JJ., concur.


Summaries of

People v. Lopez

Appellate Division of the Supreme Court of New York, Second Department
Nov 16, 1964
22 A.D.2d 813 (N.Y. App. Div. 1964)
Case details for

People v. Lopez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN LOPEZ, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 16, 1964

Citations

22 A.D.2d 813 (N.Y. App. Div. 1964)

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