Opinion
Argued December 11, 1968
Decided January 9, 1969
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, PAUL BALSAM, J.
Helaine Barnett and Anthony F. Marra for appellant.
Thomas J. Mackell, District Attorney ( Cornelius J. O'Brien of counsel), for respondent.
Judgment affirmed; no opinion.
Concur: Judges BURKE, SCILEPPI, BERGAN, KEATING, BREITEL and JASEN. Chief Judge FULD dissents and votes to reverse and grant the motion to suppress the evidence seized on the ground that the police officer did not have probable cause to arrest defendant and, consequently, the subsequent search was unlawful. (See, e.g., People v. Corrado, 22 N.Y.2d 308; see, also, Terry v. Ohio, 392 U.S. 1.)