Hyperlawhypertext legal database People v. McCauley 25 A.D.2d 568

← Cases

People v. McCauley

25 A.D.2d 568 Court N.Y. App. Div. Decision date 1966-02-28 English

Judges 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).

Contents

Majority

p. 568
The People of the State of New York, Respondent, v. Gerald McCauley, Appellant.

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 ).

Cases cited