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People v. Pace

65 N.Y. 684 Court N.Y. Decision date 1985-05-30 English

Contents

Majority

p. 684
The People of the State of New York, Appellant, v Sylvester Pace and Gaetano Pace, Respondents.
Argued April 25, 1985;
decided May 30, 1985
p. 686
APPEARANCES OF COUNSEL
Elizabeth Holtzman, District Attorney (Michael J. Halberstam and Barbara D. Underwood of counsel), for appellant.
Richard T. Farrell, Bernard Kenny and Barbara L. Hartung for respondents.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

The Appellate Division’s factual finding does not preclude an appeal to this court (People v Albro, 52 NY2d 619 , 624). The warrantless search of defendants’ automobile salvage yard was not undertaken for administrative purposes. Thus, New York City Charter § 436 is inapplicable, and the evidence obtained must be suppressed as acquired in violation of the constitutional proscription against unreasonable searches and seizures.

Chief Judge Wachtler and Judges Jasen, Meyer, Simons, Kaye and Alexander concur; Judge Titone taking no part.

Order affirmed in a memorandum.

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