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In re Andy E.

Court of Appeals of the State of New York
Apr 8, 1993
613 N.E.2d 571 (N.Y. 1993)

Opinion

Decided April 8, 1993

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Mary E. Bednar, J.

Carol Goldstein, New York City, Raymond Taseff and Lenore Gittis for appellant.

O. Peter Sherwood, Corporation Counsel of New York City (John Hogrogian of counsel), for respondent.


MEMORANDUM.

The order of the Appellate Division should be reversed, the motion to suppress physical evidence granted and the petition dismissed.

The only relevant evidence admitted at the suppression hearing was that when the police officer grabbed a brown object in respondent's hand, he "wasn't sure what it was" and that, upon grabbing it, he felt "numerous small hard objects" in it. The officer pulled the object out of respondent's hand, discovered that it was a brown paper bag, and opened it "to see what it was." There is no theory under which this evidence could have given the officer probable cause to search respondent's bag (see, People v McNatt, 65 N.Y.2d 1046, 1048). Since no justification for the warrantless search was presented, the seizure of the contraband was illegal and the motion to suppress should have been granted.

Chief Judge KAYE and Judges SIMONS, TITONE, HANCOCK, JR., BELLACOSA and SMITH concur.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order reversed, without costs, respondent's motion to suppress physical evidence granted and petition dismissed in a memorandum.


Summaries of

In re Andy E.

Court of Appeals of the State of New York
Apr 8, 1993
613 N.E.2d 571 (N.Y. 1993)
Case details for

In re Andy E.

Case Details

Full title:In the Matter of ANDY E., a Person Alleged to be a Juvenile Delinquent…

Court:Court of Appeals of the State of New York

Date published: Apr 8, 1993

Citations

613 N.E.2d 571 (N.Y. 1993)
613 N.E.2d 571
597 N.Y.S.2d 665

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