New York Court of Appeals, 1965

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

Cases that cite this one

2 later published cases cite this decision.

United States v. Luis Marti and Lou Saks (2d Cir. 1970)
Flack v. Municipal Court for the Anaheim-Fullerton Judicial District (Cal. 1967)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

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.

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