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People v. Gary

14 N.Y.2d 730 Court N.Y. Decision date 1964-05-07 English

Decision Majority · Dissent — *732 Fuld, J.

Contents
p. 730
The People of the State of New York, Respondent, v. Alfred James Gary, Appellant. The People of the State of New York, Respondent, v. Maurice Bagley, Appellant. The People of the State of New York, Respondent, v. John O’Dell Martin, Appellant.
Argued April 1, 1964;
decided May 7, 1964.
p. 731
Louis P. Jacobs and Louis Raybin for Alfred James Gary, appellant.
Josephine D. Greene and Anthony F. Marra for remaining appellants.
Frank D. O’Connor, District Attorney (Harvey B. Ehrlich of counsel), for respondent.

Judgments affirmed.

Concur: Chief Judge Desmond and Judges Dye, Van Voorhis, Burke, Scileppi and Bergan. Judge Fuld dissents in the following opinion:

(dissenting). The police officer who arrested the defendants, acting solely on suspicion and unchecked information from an unknown informant, had no reasonable or probable cause for effecting their arrest. The seizure of the articles (received in evidence) may not, therefore, be justified as an incident to lawful arrest. The requisite probable cause must, of course, exist at the time of the arrest, for it is fundamental that the search or seizure attending an arrest is not rendered permissible by what later investigation uncovers. (See, e.g., Henry v. United States, 361 U. S. 98 , 103; People v. Loria, 10 N Y 2d 368 , 373; People v. O’Neill, 11 N Y 2d 148 , 153; People v. McCarthy, also decided today, 14 N Y 2d 206 ; People v. Scalegnio, also decided today, 14 N Y 2d 744 .)

The judgments of conviction appealed from should be reversed.

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