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People v. Cox

463 N.E.2d 1227, 61 N.Y.2d 1020, 475 N.Y.S.2d 375, 1984 N.Y. LEXIS 4235
CourtNew York Court of Appeals
DecidedMarch 29, 1984
StatusPublished
Cited by3 cases

This text of 463 N.E.2d 1227 (People v. Cox) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Cox, 463 N.E.2d 1227, 61 N.Y.2d 1020, 475 N.Y.S.2d 375, 1984 N.Y. LEXIS 4235 (N.Y. 1984).

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, the motion to suppress granted and a new trial ordered.

In the absence of factual findings by the trial court and the Appellate Division that the officers had probable cause to arrest defendant, we cannot say that the search of his duffel bag was lawful. (See People v Gokey, 60 NY2d 309; People v Smith, 59 NY2d 454; cf. People v Harrison, 57 NY2d 470.)

Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer, Simons and Kaye concur.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order reversed, motion to suppress granted and a new trial ordered in a memorandum.

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Related

People v. Pena
242 A.D.2d 545 (Appellate Division of the Supreme Court of New York, 1997)
People v. Jones
127 A.D.2d 482 (Appellate Division of the Supreme Court of New York, 1987)
People v. Tratch
104 A.D.2d 503 (Appellate Division of the Supreme Court of New York, 1984)

Cite This Page — Counsel Stack

Bluebook (online)
463 N.E.2d 1227, 61 N.Y.2d 1020, 475 N.Y.S.2d 375, 1984 N.Y. LEXIS 4235, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cox-ny-1984.