From Casetext: Smarter Legal Research

People v. Blanks

Court of Appeals of the State of New York
Dec 20, 1974
324 N.E.2d 550 (N.Y. 1974)

Opinion

Argued December 17, 1974

Decided December 20, 1974

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JOHN J. LEAHY, J.

Arthur T. Cambouris and William E. Hellerstein for appellant.

Nicholas Ferraro, District Attorney ( Alan M. Snyder of counsel), for respondent.


Order reversed and the indictment dismissed. In the absence of proof of the suppression hearing that the arresting officer, or the police, in any part of the department, or any other police department had probable cause to search or arrest the defendant, the motion to suppress the weapon should have been granted.

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, RABIN and STEVENS.


Summaries of

People v. Blanks

Court of Appeals of the State of New York
Dec 20, 1974
324 N.E.2d 550 (N.Y. 1974)
Case details for

People v. Blanks

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILBERT BLANKS…

Court:Court of Appeals of the State of New York

Date published: Dec 20, 1974

Citations

324 N.E.2d 550 (N.Y. 1974)
324 N.E.2d 550
365 N.Y.S.2d 169

Citing Cases

People v. Young

People v Ingle, 36 N.Y.2d 413), there was no justification for searching the vehicle after the defendant and…

People v. Pacifico

(See, also, People v. Hyter, 61 A.D.2d 990 [police had probable cause to arrest the defendant for menacing…