Opinion
Argued February 24, 1964
Decided March 26, 1964
Appeal from the Supreme Court in the First Judicial Department, MORRIS WEINFELD, J.
Arnold E. Wallach and Max Fruchtman for appellants.
Isidor Dollinger, District Attorney (Walter E. Dillon of counsel), for respondent.
Order of Appellate Term modified to the extent of granting the motion to suppress the evidence taken from defendant Mazza's person and, as so modified, affirmed, upon the ground that there was no evidence of a lawful arrest of defendant Mazza to justify a search incidental thereto (Code Crim. Pro., § 177). No opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE, SCILEPPI and BERGAN.