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People v. Phillips

51 N.Y.2d 988 Court N.Y. Decision date 1980-11-20 English

Judges Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur in memorandum.

Contents

Majority

p. 988
The People of the State of New York, Respondent, v Frank Phillips, Jr., Appellant.
Argued October 17, 1980;
decided November 20, 1980
p. 989
APPEARANCES OF COUNSEL
Bernard Hirschorn for appellant.
John J. Santucci, District Attorney (Charles N. Walsh of counsel), for respondent.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed. The record discloses support for the finding by the suppression court that the arrest was made with probable cause and that the subsequent search was lawful under the circumstances. There being evidence to support the findings below, we must affirm.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur in memorandum.

Order affirmed.