People v. Joseph B.

Appellate Division of the Supreme Court of New York

People v. Joseph B.

32 A.D.2d 840, 304 N.Y.S.2d 77, 1969 N.Y. App. Div. LEXIS 3553

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

DecidedJune 30, 1969

StatusPublished

Cited by1 cases

This text of 32 A.D.2d 840 (People v. Joseph B.) 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. Joseph B., 32 A.D.2d 840, 304 N.Y.S.2d 77, 1969 N.Y. App. Div. LEXIS 3553 (N.Y. Ct. App. 1969).

Pincite

Opinion

Appeal by defendant from a judgment of the County Court, Westchester County, rendered February 13, 1968, which adjudicated him to be a youthful offender and sentenced him to a three-year period of probation. Judgment reversed, on the law and the facts, and information dismissed. In our view, the seizure of certain shirts and pairs of socks from appellant’s bedroom was illegal. These items were unexpectedly found by the searching officer in appellant’s bedroom, where the officer was conducting a search pursuant to a search warrant in connection with another crime. It is clear that the warrant could not form the basis for the seizure of the shirts and socks in question, since the warrant did not designate these items and the items were not contraband (People v. Baker, 23 N Y 2d 307). In any event, the searching officer did not seize these items on his first visit to the house, but returned to headquarters to cheek them against a teletype alarm and then sent a brother officer to seize them. The People did not demonstrate that the second search, resulting in the seizure, was consented to (cf. Bumper v. North Carolina, 391 U. S. 543). On this record the judgment must be reversed and the information dismissed. Christ, Acting P. J., Brennan, Rabin, Hopkins and Munder, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Appeal by defendant from a judgment of the County Court, Westchester County, rendered February 13, 1968, which adjudicated him to be a youthful offender and sentenced him to a three-year period of probation. Judgment reversed, on the law and the facts, and information dismissed. In our view, the seizure of certain shirts and pairs of socks from appellant’s bedroom was illegal. These items were unexpectedly found by the searching officer in appellant’s bedroom, where the officer was conducting a search pursuant to a search warrant in connection with another crime. It is clear that the warrant could not form the basis for the seizure of the shirts and socks in question, since the warrant did not designate these items and the items were not contraband (People v. Baker, 23 N Y 2d 307). In any event, the searching officer did not seize these items on his first visit to the house, but returned to headquarters to cheek them against a teletype alarm and then sent a brother officer to seize them. The People did not demonstrate that the second search, resulting in the seizure, was consented to (cf. Bumper v. North Carolina, 391 U. S. 543). On this record the judgment must be reversed and the information dismissed. Christ, Acting P. J., Brennan, Rabin, Hopkins and Munder, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

32 A.D.2d 840, 304 N.Y.S.2d 77, 1969 N.Y. App. Div. LEXIS 3553, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-joseph-b-nyappdiv-1969.

Opinion

Related

Cite This Page — Counsel Stack