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PEOPLE STATE NEW YORK v. THOMAS GONZALEZ (01/09/69)

COURT OF APPEALS OF NEW YORK 1969.NY.40078 <http://www.versuslaw.com>; 245 N.E.2d 726; 23 N.Y.2d 846 decided: January 9, 1969. THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,v.THOMAS GONZALEZ, APPELLANT People v. Gonzalez, 27 A.D.2d 801, affirmed. Helaine Barnett and Anthony F. Marra for appellant. Thomas J. Mackell, District Attorney (Cornelius J. O'Brien of counsel), for respondent. Concur: Judges Burke, Scileppi, Bergan, Keating, Breitel and Jasen. Chief Judge Fuld dissents.


People v. Gonzalez, Concur: Judges Burke, Scileppi, Bergan, Keating, Breitel and Jasen. Chief Judge Fuld dissents.

 Judgment affirmed; no opinion. Chief Judge Fuld dissents and votes to reverse and grant the motion to suppress the evidence seized on the ground that the police officer did not have probable cause to arrest defendant and, consequently, the subsequent search was unlawful. (See, e.g., People v. Corrado, 22 N.Y.2d 308; see, also, Terry v. Ohio, 392 U.S. 1.)

19690109

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