People v. Lopez

Appellate Division of the Supreme Court of New York

People v. Lopez

22 A.D.2d 813, 254 N.Y.S.2d 806, 1964 N.Y. App. Div. LEXIS 2806

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

DecidedNovember 16, 1964

StatusPublished

Cited by5 cases

This text of 22 A.D.2d 813 (People v. Lopez) 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. Lopez, 22 A.D.2d 813, 254 N.Y.S.2d 806, 1964 N.Y. App. Div. LEXIS 2806 (N.Y. Ct. App. 1964).

Pincite

Opinion

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered January 9, 1964 after a jury trial, convicting him of possession of nar.cotic drugs as a felony, and imposing sentence upon him as a third felony offender. Judgment affirmed. In our opinion, there was no search here because' the police officer obtained possession of the narcotics after they were no longer in defendant’s possession; they had been discarded by him. (People v. Battle, 12 N Y 2d 866; People v. Pittman, 14 N Y 2d 885; [814]*814United States v. Zimple 318 P. 2d 676.) Even if it be assumed that there was a search, the search' was incidental to a lawful arrest based on probable cause. Beldock, P. J., Ughetta, Christ, Hill and Rabin, 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 Supreme Court, Kings County, rendered January 9, 1964 after a jury trial, convicting him of possession of nar.cotic drugs as a felony, and imposing sentence upon him as a third felony offender. Judgment affirmed. In our opinion, there was no search here because' the police officer obtained possession of the narcotics after they were no longer in defendant’s possession; they had been discarded by him. (People v. Battle, 12 N Y 2d 866; People v. Pittman, 14 N Y 2d 885; [814]*814United States v. Zimple 318 P. 2d 676.) Even if it be assumed that there was a search, the search' was incidental to a lawful arrest based on probable cause. Beldock, P. J., Ughetta, Christ, Hill and Rabin, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

22 A.D.2d 813, 254 N.Y.S.2d 806, 1964 N.Y. App. Div. LEXIS 2806, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-lopez-nyappdiv-1964.

Opinion

Related

Cite This Page — Counsel Stack