People v. Fitzgerald

Appellate Division of the Supreme Court of New York

People v. Fitzgerald

42 A.D.2d 744, 346 N.Y.S.2d 752, 1973 N.Y. App. Div. LEXIS 3744

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJuly 16, 1973

StatusPublished

This text of 42 A.D.2d 744 (People v. Fitzgerald) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Fitzgerald, 42 A.D.2d 744, 346 N.Y.S.2d 752, 1973 N.Y. App. Div. LEXIS 3744 (N.Y. Ct. App. 1973).

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Opinion

Appeal by the People from an order of the Supreme Court, Kings County, Centralized Narcotics Division [held in New York County], dated December 6, 1972, which granted defendant’s motion to suppress physical evidence. Order reversed, on the law, and motion denied. We are of the view that the motion should have been denied, because the arrest was justifiable on either or both of two theories: probable cause (People v. Oorrado, 22 N Y 2d 308, 313; People V. Gox, 28 N Y 2d 752) or abandonment (People v. Berrios, 28 N Y 2d 361). Hopkins, Acting P. J., Munder, Shapiro, Gulotta and Christ, JJ., concur.

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Appeal by the People from an order of the Supreme Court, Kings County, Centralized Narcotics Division [held in New York County], dated December 6, 1972, which granted defendant’s motion to suppress physical evidence. Order reversed, on the law, and motion denied. We are of the view that the motion should have been denied, because the arrest was justifiable on either or both of two theories: probable cause (People v. Oorrado, 22 N Y 2d 308, 313; People V. Gox, 28 N Y 2d 752) or abandonment (People v. Berrios, 28 N Y 2d 361). Hopkins, Acting P. J., Munder, Shapiro, Gulotta and Christ, JJ., concur.

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Bluebook (online)

42 A.D.2d 744, 346 N.Y.S.2d 752, 1973 N.Y. App. Div. LEXIS 3744, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-fitzgerald-nyappdiv-1973.