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People v. Vadnos

Appellate Division of the Supreme Court of New York, Second Department
May 4, 1987
130 A.D.2d 528 (N.Y. App. Div. 1987)

Opinion

May 4, 1987

Appeal from the Supreme Court, Kings County (Kramer, J.).


Ordered that the judgment is affirmed.

The search of the defendant did not violate his Fourth and Fourteenth Amendment rights. The police, following a "tip", entered a building, and, standing in a common hallway, observed the defendant through the open door of an apartment in possession of three hypodermic syringes. The apartment was, in fact, a "shooting gallery" belonging to a person other than the defendant. Under the circumstances, the police had probable cause to arrest the defendant (see, People v. Jackson, 41 N.Y.2d 146, 149-150) and the subsequent search of his person, which produced a handgun, was likewise justified as a search incident to a lawful arrest (see, People v. Knapp, 52 N.Y.2d 689, 694-695). Thus, the physical evidence was properly admissible in the defendant's trial for criminal possession of a weapon and criminal possession of a hypodermic instrument. Bracken, J.P., Kunzeman, Kooper and Spatt, JJ., concur.


Summaries of

People v. Vadnos

Appellate Division of the Supreme Court of New York, Second Department
May 4, 1987
130 A.D.2d 528 (N.Y. App. Div. 1987)
Case details for

People v. Vadnos

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH VADNOS…

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

Date published: May 4, 1987

Citations

130 A.D.2d 528 (N.Y. App. Div. 1987)

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