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People v. L'Hommedieu

62 Misc. 2d 925, 310 N.Y.S.2d 369, 1970 N.Y. Misc. LEXIS 1839
CourtAppellate Terms of the Supreme Court of New York
DecidedMarch 4, 1970
StatusPublished
Cited by6 cases

This text of 62 Misc. 2d 925 (People v. L'Hommedieu) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court 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. L'Hommedieu, 62 Misc. 2d 925, 310 N.Y.S.2d 369, 1970 N.Y. Misc. LEXIS 1839 (N.Y. Ct. App. 1970).

Opinion

Per Curiam.

While concededly there was absent here the basis for a reasonable search and seizure under the Fourth Amendment of the Constitution as applied to the public at large, in determining what is reasonable with respect- to a person on probation, there must be taken into account the dual purpose of protecting the public as well as rehabilitating the criminal. The search is reasonable if under all the circumstances the probation officer acts reasonably in performing his duties toward both the delinquent and the public. (People v. Chinnici, 51 Misc 2d 570; People v. Santos, 31 A D 2d 508, affd. 25 N Y 2d 977.) The actions of the officer in this case meet that test.

The judgment of conviction should be unanimously affirmed.

Concur — Gitlotta, P. J., Pittost and McCullough, JJ. .

Judgment affirmed.

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Related

People v. Jackson
385 N.E.2d 621 (New York Court of Appeals, 1978)
Hunter v. State
229 S.E.2d 505 (Court of Appeals of Georgia, 1976)
People v. Fortunato
50 A.D.2d 38 (Appellate Division of the Supreme Court of New York, 1975)
People v. Santos
82 Misc. 2d 184 (New York Supreme Court, 1975)
State v. Williams
486 S.W.2d 468 (Supreme Court of Missouri, 1972)
People v. Way
65 Misc. 2d 865 (New York County Courts, 1971)

Cite This Page — Counsel Stack

Bluebook (online)
62 Misc. 2d 925, 310 N.Y.S.2d 369, 1970 N.Y. Misc. LEXIS 1839, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-lhommedieu-nyappterm-1970.