People v. McCauley

Appellate Division of the Supreme Court of New York

People v. McCauley

25 A.D.2d 568, 267 N.Y.S.2d 1018, 1966 N.Y. App. Div. LEXIS 4849

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

DecidedFebruary 28, 1966

StatusPublished

This text of 25 A.D.2d 568 (People v. McCauley) 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. McCauley, 25 A.D.2d 568, 267 N.Y.S.2d 1018, 1966 N.Y. App. Div. LEXIS 4849 (N.Y. Ct. App. 1966).

Pincite

Opinion

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered September 18, 1964, convicting him of attempted possession of a dangerous weapon as a felony, upon his plea of guilty, and imposing sentence as a third felony offender. Defendant’s notice of appeal has brought up for review an order of said court, entered June 29, 1964, which denied after a hearing his motion to suppress evidence. Judgment affirmed. The order has been reviewed. In our opinion, the search of the defendant’s automobile was a legal search incident to a lawful arrest (cf. People v. Morgan, 21 A D 2d 815).

Beldock, P. J., Hill and Benjamin, JJ., concur; Christ and Rabin, JJ., concur in the result only, because they feel bound by the determination of this court in People v. Morgan (21 A D 2d 815).

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Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered September 18, 1964, convicting him of attempted possession of a dangerous weapon as a felony, upon his plea of guilty, and imposing sentence as a third felony offender. Defendant’s notice of appeal has brought up for review an order of said court, entered June 29, 1964, which denied after a hearing his motion to suppress evidence. Judgment affirmed. The order has been reviewed. In our opinion, the search of the defendant’s automobile was a legal search incident to a lawful arrest (cf. People v. Morgan, 21 A D 2d 815).

Beldock, P. J., Hill and Benjamin, JJ., concur; Christ and Rabin, JJ., concur in the result only, because they feel bound by the determination of this court in People v. Morgan (21 A D 2d 815).

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Bluebook (online)

25 A.D.2d 568, 267 N.Y.S.2d 1018, 1966 N.Y. App. Div. LEXIS 4849, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mccauley-nyappdiv-1966.