People v. Battle
| Decision Date | 31 December 1962 |
| Citation | 12 N.Y.2d 866,187 N.E.2d 793,237 N.Y.S.2d 341 |
| Parties | , 187 N.E.2d 793 The PEOPLE, etc., Respondent, v. John BATTLE, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Appellate Part of Court of Special Sessions of City of New York.
Defendant was convicted of possession of policy slips in violation of Section 975 of the Penal Law, Consol.Laws, c. 40. The City Magistrates' Court of the City of New York, Borough of Brooklyn, entered judgment, and the defendant appealed.
The Appellate Part of the Court of Special Sessions of the City of New York affirmed the judgment.
The defendant appealed to the Court of Appeals by permission of an Associate Judge of the Court of Appeals. The defendant contended in the Court of Appeals that he was under illegal arrest before any papers in his possession were observed, where police officer stopped defendant's automobile and asked defendant to identify himself, and defendant alighted from the automobile, and, as he did so, a package fell from his trousers, and the officer picked up the package, ascertained that it contained possible policy slips, and then arrested the defendant.
Judgment affirmed.
All concur.
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