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People v. Pace

Court of Appeals of the State of New York
May 30, 1985
65 N.Y.2d 684 (N.Y. 1985)

Opinion

Argued April 25, 1985

Decided May 30, 1985

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Elliott Golden, J.

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.


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 N.Y.2d 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.


Summaries of

People v. Pace

Court of Appeals of the State of New York
May 30, 1985
65 N.Y.2d 684 (N.Y. 1985)
Case details for

People v. Pace

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. SYLVESTER PACE and…

Court:Court of Appeals of the State of New York

Date published: May 30, 1985

Citations

65 N.Y.2d 684 (N.Y. 1985)
491 N.Y.S.2d 618
481 N.E.2d 250

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