Hyperlawhypertext legal databasebeta People v. Matherson 16 N.Y.2d 509

← Cases

People v. Matherson

16 N.Y.2d 509 Court N.Y. Decision date 1965-04-22 English

Contents

Majority

p. 509
The People of the State of New York, Respondent, v. Nathaniel Matherson, Appellant.
Argued March 18, 1965;
decided April 22, 1965.
p. 510
Stanley Hendricks for appellant.
Frank S. Hogan, District Attorney (Milton M. Stein and H. Richard Uviller of counsel), for respondent.
p. 511
Judgment affirmed. The seizure of evidence upon which the conviction is based was an incident to a lawful arrest on sufficient cause in a place open to public access. Therefore, the fact a search warrant was defective, as the People concede, because it was a general warrant (cf. Marcus v. Search Warrant, 367 U. S. 717 ; Stanford v. Texas, 379 U. S. 476 ) did not preclude the reception in evidence of exhibits seized as an incident to the arrest.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Van Voorhis, Burke, Scileppi and Bergan.

Cases cited