People v. McElroy

Appellate Division of the Supreme Court of New York

People v. McElroy

64 A.D.2d 640, 406 N.Y.S.2d 543, 1978 N.Y. App. Div. LEXIS 12439

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

DecidedJuly 10, 1978

StatusPublished

This text of 64 A.D.2d 640 (People v. McElroy) 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. McElroy, 64 A.D.2d 640, 406 N.Y.S.2d 543, 1978 N.Y. App. Div. LEXIS 12439 (N.Y. Ct. App. 1978).

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Opinion

—Appeal by the People from an order of the Supreme Court, Queens County, dated January 11, 1977, which, after a hearing, granted defendant’s motion to suppress certain physical evidence. Order reversed, on the law and the facts, and motion to suppress denied. The bag containing untaxed cigarettes was directly traceable to the defendant and provided the probable cause to arrest him. Therefore, the physical evidence confiscated at the time of his arrest should not have been suppressed. Titone, J. P., Suozzi, Shapiro and Cohalan, JJ., concur.

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—Appeal by the People from an order of the Supreme Court, Queens County, dated January 11, 1977, which, after a hearing, granted defendant’s motion to suppress certain physical evidence. Order reversed, on the law and the facts, and motion to suppress denied. The bag containing untaxed cigarettes was directly traceable to the defendant and provided the probable cause to arrest him. Therefore, the physical evidence confiscated at the time of his arrest should not have been suppressed. Titone, J. P., Suozzi, Shapiro and Cohalan, JJ., concur.

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Bluebook (online)

64 A.D.2d 640, 406 N.Y.S.2d 543, 1978 N.Y. App. Div. LEXIS 12439, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mcelroy-nyappdiv-1978.