From Casetext: Smarter Legal Research

People v. Ray, Hall

Appellate Division of the Supreme Court of New York, Second Department
Jun 13, 1966
26 A.D.2d 560 (N.Y. App. Div. 1966)

Opinion

June 13, 1966


Appeal by the People from an order of the County Court, Nassau County, entered July 13, 1965, which granted the motion of two (Ray and Hall) of four defendants to suppress certain evidence, consisting of television sets, alleged to have been illegally seized. Order reversed, on the law and the facts, and motion to suppress denied. On August 3, 1964, at 1:30 A.M., following information received from a reliable informant, who, as one of the arresting officers testified, had given information on prior occasions which resulted in arrests and whose identity the People refused to divulge, all four defendants were observed by the police transporting more than 10 television sets into the home of defendant Hall. The police confronted defendants in the street after they had emerged from Hall's house. Defendants Ray and O'Connell fled, but were apprehended on the scene. Hall and the fourth defendant (Ross) fled and were subsequently apprehended. After being admitted into Hall's house by Hall's wife, the police were directed by her into the bedroom, where they seized the television sets, which are now the subject of the motion to suppress. In our opinion, the information received from the informant, confirmed by the observations of the defendants' activities in the early morning hours, together with the fact that two of the defendants were previously known to the police to have been involved in stolen television sets, and the subsequent attempt to flee, constituted sufficient probable cause for the arrest without a warrant. Under such circumstances, the identity of the informer need not be divulged ( People v. Malinsky, 15 N.Y.2d 86; People v. Teams, 20 A.D.2d 803). Moreover, the acquisition by the police of the fruits of the crime, after following defendants into Hall's home, constituted, in our opinion, a lawful seizure and not a search. As such, it is not within the purview of the constitutional prohibition against unreasonable searches and seizures (cf. People v. Swanberg, 22 A.D.2d 902, mod. in other respects and affd. 16 N.Y.2d 649; People v. Manzi, 38 Misc.2d 114, affd. 21 A.D.2d 57). Beldock, P.J., Ughetta, Christ, Hill and Benjamin, JJ., concur.


Summaries of

People v. Ray, Hall

Appellate Division of the Supreme Court of New York, Second Department
Jun 13, 1966
26 A.D.2d 560 (N.Y. App. Div. 1966)
Case details for

People v. Ray, Hall

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. CLARENCE RAY and JOHN…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 13, 1966

Citations

26 A.D.2d 560 (N.Y. App. Div. 1966)

Citing Cases

People v. Mills

The cases involving the other prior arrests were pending and had not been disposed of at the time of the…

People v. Hill

In such a case, there is no search but only a lawful seizure (cf. People v. McKendall, 30 A.D.2d 717, 720;…