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People v. Cohen

61 Misc. 2d 858 Court Supreme Court, Appellate Term, Second Department, Decision date 1969-10-15 English

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p. 858
The People of the State of New York, Appellant, v. Kenneth A. Cohen, Bruce Pellman, Sheldon W. Raskin, and Frank Weiner, Also Known as Frank Wiener, Respondents.
Supreme Court, Appellate Term, Second Department,
October 15, 1969.
William Cahn, District Attorney {Gino Papa of counsel), for appellant. Joseph F. Soviero, Jr., for Kenneth A. Cohen, respondent. Jesse Moss for Bruce Pellman, respondent. William G. Kerwick for Sheldon W. Raskin, respondent. Wiener & Cohen for Frank Wiener, respondent.

The sole argument presented by the People upon this appeal is that the search was incidental to a lawful arrest. The arrest, however, followed the search which was itself illegal.

The order should be unanimously affirmed.

Concur — Gulotta, P. J., Glickman and Pittoni, JJ.

Order affirmed.