New York Court of Appeals, 1965

People v. Matherson

People v. Matherson
New York Court of Appeals · Decided April 22, 1965
16 N.Y.2d 509; 208 N.E.2d 180; 260 N.Y.S.2d 448; 1965 N.Y. LEXIS 1416

People v. Matherson

Opinion of the Court

*511Judgment affirmed. The seizure of evidence upon which the conviction is based was an incident to a lawful arrest on sufficient cause in a place open to public access. Therefore, the fact a search warrant was defective, as the People concede, because it was a general warrant (cf. Marcus v. Search Warrant, 367 U. S. 717; Stanford v. Texas, 379 U. S. 476) did not preclude the reception in evidence of exhibits seized as an incident to the arrest.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Van Voorhis, Burke, Scileppi and Bergan.

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