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People v. Lo Cicero

267 N.E.2d 885, 28 N.Y.2d 525, 319 N.Y.S.2d 72, 1971 N.Y. LEXIS 1617
CourtNew York Court of Appeals
DecidedJanuary 7, 1971
StatusPublished
Cited by2 cases

This text of 267 N.E.2d 885 (People v. Lo Cicero) 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. Lo Cicero, 267 N.E.2d 885, 28 N.Y.2d 525, 319 N.Y.S.2d 72, 1971 N.Y. LEXIS 1617 (N.Y. 1971).

Opinion

[527]*527Judgment affirmed in the following memorandum: There was probable cause for the arrest, and the entrance into the apartment to effect that arrest, based on the observations through the partly opened door coupled with the information the police had obtained previously. Assuming that the ensuing search was wider than permitted under the rule in Chimel v. California (395 U. S. 752), there is no need or warrant to accord retroactive effect to that rule to a search and an action fully tried before the decision in that case (see People v. DeRenzzio, 19 N Y 2d 45; People ex rel. Cadogan v. McMann, 24 N Y 2d 233, and cases cited).

Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel, Jasen and Gibson.

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Related

People v. Danziger
41 N.Y. 1092 (New York Court of Appeals, 1977)
People v. Morales
333 N.E.2d 339 (New York Court of Appeals, 1975)

Cite This Page — Counsel Stack

Bluebook (online)
267 N.E.2d 885, 28 N.Y.2d 525, 319 N.Y.S.2d 72, 1971 N.Y. LEXIS 1617, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-lo-cicero-ny-1971.