People v. Goldstein

Appellate Division of the Supreme Court of New York

People v. Goldstein

51 A.D.2d 1046, 381 N.Y.S.2d 332, 1976 N.Y. App. Div. LEXIS 11854

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

DecidedMarch 22, 1976

StatusPublished

This text of 51 A.D.2d 1046 (People v. Goldstein) 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. Goldstein, 51 A.D.2d 1046, 381 N.Y.S.2d 332, 1976 N.Y. App. Div. LEXIS 11854 (N.Y. Ct. App. 1976).

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Opinion

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered October 4, 1973, convicting him of unlawful possession of unstamped and unlawfully stamped packages of cigarettes, upon his plea of guilty, and imposing sentence. The appeal brings up for review a decision of the same court, made August 31, 1973, which, after a hearing, denied defendant’s motion to suppress physical evidence. Judgment reversed, on the law and the facts, motion granted, and indictment dismissed. On the facts of this case, the People did not establish probable cause to justify the initial search and seizure of an unmarked brown package inside the hallway of a three-family dwelling (see People v Rizzo, 41 AD2d 468; People v Cardona, 47 AD2d 850, 49 AD2d 769). Moreover, the other cartons of cigarettes seized as a result of a further search of the trunk of defendant’s automobile should have been suppressed as derivative evidence obtained by an illegal search (see People v Gleeson, 36 NY2d 462). Cohalan, Acting P. J., Margett, Damiani, Rabin and Titone, JJ., concur.

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Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered October 4, 1973, convicting him of unlawful possession of unstamped and unlawfully stamped packages of cigarettes, upon his plea of guilty, and imposing sentence. The appeal brings up for review a decision of the same court, made August 31, 1973, which, after a hearing, denied defendant’s motion to suppress physical evidence. Judgment reversed, on the law and the facts, motion granted, and indictment dismissed. On the facts of this case, the People did not establish probable cause to justify the initial search and seizure of an unmarked brown package inside the hallway of a three-family dwelling (see People v Rizzo, 41 AD2d 468; People v Cardona, 47 AD2d 850, 49 AD2d 769). Moreover, the other cartons of cigarettes seized as a result of a further search of the trunk of defendant’s automobile should have been suppressed as derivative evidence obtained by an illegal search (see People v Gleeson, 36 NY2d 462). Cohalan, Acting P. J., Margett, Damiani, Rabin and Titone, JJ., concur.

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Bluebook (online)

51 A.D.2d 1046, 381 N.Y.S.2d 332, 1976 N.Y. App. Div. LEXIS 11854, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-goldstein-nyappdiv-1976.

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