Appellate Division of the Supreme Court of New York, 1966

People v. McCauley

People v. McCauley
Appellate Division of the Supreme Court of New York · Decided February 28, 1966 · Beldock, Benjamin, Bound, Christ, Determination, Hill, Morgan, Only, Rabin
25 A.D.2d 568; 267 N.Y.S.2d 1018; 1966 N.Y. App. Div. LEXIS 4849
People v. McCauley

Opinion of the Court

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered September 18, 1964, convicting him of attempted possession of a dangerous weapon as a felony, upon his plea of guilty, and imposing sentence as a third felony offender. Defendant’s notice of appeal has brought up for review an order of said court, entered June 29, 1964, which denied after a hearing his motion to suppress evidence. Judgment affirmed. The order has been reviewed. In our opinion, the search of the defendant’s automobile was a legal search incident to a lawful arrest (cf. People v. Morgan, 21 A D 2d 815).

Beldock, P. J., Hill and Benjamin, JJ., concur; Christ and Rabin, JJ., concur in the result only, because they feel bound by the determination of this court in People v. Morgan (21 A D 2d 815).

Case-law data current through December 31, 2025. Source: CourtListener bulk data.