People v. Randazzo
| Decision Date | 15 November 1962 |
| Citation | 37 Misc.2d 80,234 N.Y.S.2d 740 |
| Parties | PEOPLE v. Joseph John RANDAZZO. |
| Court | New York Supreme Court |
Jesse Zaslav, New York City, for petitioner.
Frank S. Hogan, Dist. Atty., by Irving Lang, Asst. Dist. Atty., for the People.
The defendant, Randazzo, has been indicted in a two count indictment charging felonious possession of a narcotic drug with intent to sell, and felonious possession of a narcotic drug. This indictment stems from a search and seizure of contraband made at the time the defendant was arrested by his parole officer pursuant to a warrant of arrest for a violation of his parole. Petitioner moves to suppress the evidence seized at the time of his arrest claiming that this evidence was obtained as the result of an unlawful search and in violation of his constitutional rights.
On February 17, 1949, the defendant upon his conviction for manslaughter, was sentenced to state prison for a term of six to twenty years. In 1957, he was paroled from state prison. At that time he signed a certificate of release on parole which specified the conditions under which he would be released. Included among the conditions were that he would not associate with known criminals, and that he would consent to a parole officer visiting his home, his place of employment and making a search of his person or of his home .
It appeared that the parole officer had received information that Randazzo had consorted with a convicted felon, a narcotics violator, that Randazzo was suspected of being involved in the narcotics traffic, that he was not working and maintained late hours, and although not working had visited a bar late at night. Based on this information, the parole officer obtained a parole warrant for Randazzo's arrest.
On July 12, 1962, this warrant was executed. The defendant was arrested in his apartment and a search of his bedroom disclosed approximately thirty-one ounces of heroin concealed in the hollow section of a dresser.
Randazzo claims that the search of his apartment was an unreasonable search, that the seizure of the contraband was illegal and violated his constitutional rights. He urges that the parole warrant merely authorized his arrest for associating with known criminals--that once he was apprehended the arresting officer had no right to make a search for contraband. That contention is erroneous .
If a search were made pursuant to a lawful arrest and as an incident to it, such a search would be valid and proper and would not violate constitutional rights (United States v. Rabinowitz, 339 U.S. 56, 70 S.Ct. 430, 94 L.Ed. 653). The fact that the search was made after an arrest based on an administrative warrant, for violation of parole, would not make illegal a search following an arrest pursuant to such warrant (Abel v. United States, 362 U.S. 217, 80 S.Ct. 683, 4 L.Ed.2d 668).
The testimony indicates after the parole officer advised Randazzo that he had a parole warrant for his arrest, the parole officer, the defendant and the police officers proceeded to the defendant's...
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United States v. Follette
...was a hearing in the Supreme Court (Davidson, J.) and on November 15, 1962 the motion was denied with an opinion (People v. Randazzo, 37 Misc.2d 80, 234 N.Y.S.2d 740). Randazzo then pleaded guilty on November 29, 1962 to attempted possession of a narcotic drug (Penal Law § 1751(5) as it the......
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People v. Langella
...The cases of People ex rel. Oddo v. Fay (16 App.Div.2d 932, affd. 13 N.Y.2d 762, 242 N.Y.S. 63, 192 N.E.2d 30) and People v. Randazzo (37 Misc.2d 80, 234 N.Y.S.2d 740) both cited by the District Attorney, are inapposite. The Oddo case did not involve a criminal prosecution against the defen......
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United States v. Follette
...There was a hearing in the Supreme Court (Davidson, J.) and on November 15, 1962 the motion was denied with an opinion (People v. Randazzo, 37 Misc.2d 80, 234 N.Y. S.2d 740). Randazzo then pleaded guilty to a lesser included offense on November 29, It is proper to entertain the present appl......
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People v. Santos
...in his absence prior to any arrest without a search warrant and with no justification whatsoever other than his status as a parolee. In Randazzo the defendant was arrested in his apartment for parole violation, and incident to that arrest a search of the apartment was conducted. Our Supreme......