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People v. Gonzalez

23 N.Y.2d 846 Court N.Y. Decision date 1969-01-09 English

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Majority

p. 846
The People of the State of New York, Respondent, v. Thomas Gonzalez, Appellant.
Argued December 11, 1968;
decided January 9, 1969.
p. 848
Helaine Barnett and Anthony F. Marra for appellant.
Thomas J. Mackell, District Attorney (Cornelius J. O’Brien of counsel), for respondent.

Judgment affirmed; no opinion.

Concur: Judges Bubkb, Scileppi, Bergan, Keating, Breitel and Jasen. Chief Judge Fuld dissents and votes to reverse and grant the motion to suppress the evidence seized on the ground that the police officer did not have probable cause to arrest defendant and, consequently, the subsequent search was unlawful. (See, e.g., People v. Corrado, 22 N Y 2d 308 ; see, also, Terry v. Ohio, 392 U. S. 1 .)

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