Majority
p. 609The People of the State of New York, Respondent, v. Betty Rawluck and Armanda Mazza, Appellants. Argued February 24, 1964; decided March 26, 1964.
p. 610
Arnold E. Wallach and Max Fruchtman for appellants.
Isidor Dollinger, District Attorney (Walter E. Dillon of counsel), for respondent.
p. 611
Order of Appellate Term modified to the extent of granting the motion to suppress the evidence taken from defendant Mazza’s person and, as so modified, affirmed, upon the ground that there was no evidence of a lawful arrest of defendant Mazza to justify a search incidental thereto (Code Crim. Pro., § 177). No opinion.
Concur: Chief Judge Desmond and Judges Dye, Fuld, Van Voorhis, Burke, Scileppi and Bergan.