People v. Proesch

Appellate Division of the Supreme Court of New York

People v. Proesch

45 A.D.2d 1040, 358 N.Y.S.2d 972, 1974 N.Y. App. Div. LEXIS 4301

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

DecidedJuly 29, 1974

StatusPublished

This text of 45 A.D.2d 1040 (People v. Proesch) 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. Proesch, 45 A.D.2d 1040, 358 N.Y.S.2d 972, 1974 N.Y. App. Div. LEXIS 4301 (N.Y. Ct. App. 1974).

Pincite

Opinion

Appeal by defendant from a judgment of the Supreme Court, Westchester County, rendered November 5, 1973, convicting him, on his plea of guilty, of criminal possession of dangerous drugs in the fourth degree and sentencing him to five years probation. The appeal brings up for review an order of the same court, dated September 24, 1973, which, after a hearing, denied defendant’s motion to suppress physical evidence and his oral statements. Judgment and order reversed, on the law and the facts, and motion to suppress evidence and oral statements granted and indictment dismissed. The People failed to make out a prima facie case or to establish probable cause for the warrantless search and seizure on any theory of justification (People v. Colder, 43 A D 2d 724). Gulotta, P. J., Hopkins, Martuscello, Shapiro and Christ, 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, Westchester County, rendered November 5, 1973, convicting him, on his plea of guilty, of criminal possession of dangerous drugs in the fourth degree and sentencing him to five years probation. The appeal brings up for review an order of the same court, dated September 24, 1973, which, after a hearing, denied defendant’s motion to suppress physical evidence and his oral statements. Judgment and order reversed, on the law and the facts, and motion to suppress evidence and oral statements granted and indictment dismissed. The People failed to make out a prima facie case or to establish probable cause for the warrantless search and seizure on any theory of justification (People v. Colder, 43 A D 2d 724). Gulotta, P. J., Hopkins, Martuscello, Shapiro and Christ, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

45 A.D.2d 1040, 358 N.Y.S.2d 972, 1974 N.Y. App. Div. LEXIS 4301, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-proesch-nyappdiv-1974.