New York Court of Appeals, 1971

People v. Gresham

People v. Gresham
New York Court of Appeals · Decided April 21, 1971
28 N.Y.2d 823; 270 N.E.2d 735; 321 N.Y.S.2d 920; 1971 N.Y. LEXIS 1359

People v. Gresham

Opinion of the Court

Concur: Judges Burke, Scileppi, Bergan, Breitel, Jasen and Gibson. Chief Judge Fuld dissents and votes to reverse the judgment and dismiss the information upon the ground that the fruits of the search were not admissible in evidence since there was no probable cause for defendant’s arrest for loitering (see People v. Bell, 306 N. Y. 110).

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