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People v. Messina

Appellate Division of the Supreme Court of New York, Second Department
Jun 22, 1964
21 A.D.2d 821 (N.Y. App. Div. 1964)

Summary

In People v Messina (21 A.D.2d 821) we held that a search and seizure was proper when based upon the reasonable belief of the police that the defendant had committed a burglary and that "[t]he mere fact that, at the time of the search and seizure the police did not know about the specific burglary which had actually been committed" was immaterial.

Summary of this case from People v. Wharton

Opinion

June 22, 1964


In a criminal action, in which, on a prior appeal to this court (see 19 A.D.2d 655), judgments of conviction against the defendants were reversed and a new trial ordered, the People appeal from an order of the Supreme Court, Kings County, dated October 31, 1963, which, after a hearing and upon the court's opinion, granted the defendants' motion to suppress certain evidence against them on the ground that it was obtained as the result of an unlawful search and seizure. The People have filed the statement required by statute to perfect their appeal from said order (Code Crim. Pro., § 518, subd. 6; § 518-a). Order reversed on the law and the facts and motion denied. In our opinion, at the time that the defendants were questioned by the police and the automobile occupied by defendants was searched, the police had reasonable cause to believe in good faith that the defendants had committed the crime of burglary ( People v. Coffey, 12 N.Y.2d 443; People v. Santiago, 13 N.Y.2d 326, 331; People v. Cassone, 20 A.D.2d 118; cf. Preston v. United States, 376 U.S. 364). The mere fact that, at the time of the search and seizure the police did not know about the specific burglary which had actually been committed, does not require a determination that the arrest and the search and seizure were unlawful ( People v. Cassone, supra). Accordingly, the motion to suppress should have been denied. Beldock, P.J., Ughetta, Kleinfeld, Christ and Brennan, JJ., concur.


Summaries of

People v. Messina

Appellate Division of the Supreme Court of New York, Second Department
Jun 22, 1964
21 A.D.2d 821 (N.Y. App. Div. 1964)

In People v Messina (21 A.D.2d 821) we held that a search and seizure was proper when based upon the reasonable belief of the police that the defendant had committed a burglary and that "[t]he mere fact that, at the time of the search and seizure the police did not know about the specific burglary which had actually been committed" was immaterial.

Summary of this case from People v. Wharton

In People v Messina (21 A.D.2d 821), cited in the dissent, the facts were entirely different from those in the instant case and that case has no application here.

Summary of this case from People v. Wharton

In People v. Messina (21 A.D.2d 821 [2d Dept., 1964]), the court decided that where the police had, at the time the defendants were questioned and the automobile occupied by them was searched, good cause to believe in good faith that the defendants had committed a burglary, the fact that the police did not have information, when the search and seizure took place, of a specific burglary did not require a determination that the arrest and the search and seizure were unlawful.

Summary of this case from People v. De Vito
Case details for

People v. Messina

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. ANTHONY MESSINA, ROBERT…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 22, 1964

Citations

21 A.D.2d 821 (N.Y. App. Div. 1964)

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