People v. Vasquez

Appellate Terms of the Supreme Court of New York

People v. Vasquez

57 Misc. 2d 138, 292 N.Y.S.2d 134, 1968 N.Y. Misc. LEXIS 1503

CourtAppellate Terms of the Supreme Court of New York

DecidedMay 8, 1968

StatusPublished

Cited by1 cases

This text of 57 Misc. 2d 138 (People v. Vasquez) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court 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. Vasquez, 57 Misc. 2d 138, 292 N.Y.S.2d 134, 1968 N.Y. Misc. LEXIS 1503 (N.Y. Ct. App. 1968).

Pincite

Opinion

Per Curiam.

Defendant having been validly arrested and taken to the police station, it was proper for the police to require him, when he was booked, to empty his pockets of their contents. This is standard and necessary police practice and is in accord[139]*139anee with the regulations adopted by the State Commission of Correction pursuant to the provisions of subdivision 7-a of section 46 of the Correction Law. Under the circumstances, the seizure of marijuana, which was in an unsealed envelope removed from defendant’s person, was not the product of an unlawful search. (See Cotton v. United States, 371 F. 2d 385; United States v. Jackson, 387 F. 2d 115.)

The order should be unanimously reversed on the law and facts and motion to suppress evidence denied.

Concur — Hogan, P. J., Coyle and G-ulotta, JJ.

Order reversed, etc.

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Per Curiam.

Defendant having been validly arrested and taken to the police station, it was proper for the police to require him, when he was booked, to empty his pockets of their contents. This is standard and necessary police practice and is in accord[139]*139anee with the regulations adopted by the State Commission of Correction pursuant to the provisions of subdivision 7-a of section 46 of the Correction Law. Under the circumstances, the seizure of marijuana, which was in an unsealed envelope removed from defendant’s person, was not the product of an unlawful search. (See Cotton v. United States, 371 F. 2d 385; United States v. Jackson, 387 F. 2d 115.)

The order should be unanimously reversed on the law and facts and motion to suppress evidence denied.

Concur — Hogan, P. J., Coyle and G-ulotta, JJ.

Order reversed, etc.

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Bluebook (online)

57 Misc. 2d 138, 292 N.Y.S.2d 134, 1968 N.Y. Misc. LEXIS 1503, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-vasquez-nyappterm-1968.

Opinion

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