Police Benevolent Ass'n v. Gagliardi — 9 N.Y.2d 803

Majority

p. 803

In the Matter of Police Benevolent Association of the New York State Police, Inc., et al., Appellants, v. Joseph F. Gagliardi, as District Attorney of Westchester County, et al., Respondents.

Argued February 23, 1961;

decided March 30, 1961.

Arthur L. Reuter for appellants.

Leonard Rubenfeld, Acting District Attorney (Warren J, Schneider and Kenneth H. Lange of counsel), for respondents.

John W. Condon, Jr., and Grace Marie Ange for Police Conference of New York, Inc., amicus curice.

Order affirmed. The Appellate Division was correct in holding that no appeal lies from the order denying appellants’ application to vacate a search warrant and for the return of the

p. 804

property seized thereunder, as this is an order in a criminal cause, an appeal from which is not provided for under the Code of Criminal Procedure. No opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Fboessel, Van Voobhis, Bubke and Fosteb.