People v. Carafas

Decision Date26 April 1962
Citation227 N.Y.S.2d 926,11 N.Y.2d 891
Parties, 182 N.E.2d 413 The PEOPLE, etc., Respondent, v. Catherine M. CARAFAS and James P. Carafas, Appellants.
CourtNew York Court of Appeals Court of Appeals

Appeal from Supreme Court, Appellate Division, Second Department, 14 A.D.2d 886, 218 N.Y.S.2d 536.

The defendants were convicted in the County Court, Nassau County, of burglary in the third degree and grand larceny in the second degree, and they appealed from the judgments of conviction and from every intermediate order.

The Appellate Division affirmed the judgments without opinion and held that no separate appeal lay from the intemediate orders.

The defendants appealed to the Court of Appeals.

Judgment affirmed.

All concur.

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10 cases
  • Carafas v. Vallee
    • United States
    • United States Supreme Court
    • May 20, 1968
    ......On direct appeal (following Mapp v. Ohio, 367 U.S. 643, 81 S.Ct. 1684, 6 L.Ed.2d 1081 (1961)), petitioner claimed that illegally obtained evidence had been introduced against him at trial. The Appellate Division affirmed the conviction without opinion, People" v. Carafas, 14 A.D.2d 886, 218 N.Y.S.2d 536 (1961), as did the New York Court of Appeals, 11 N.Y.2d 891, 227 N.Y.S.2d 926, 182 N.E. . Page 236 . 2d 413 (1962).1 This Court denied a petition for a writ of certiorari. Carafas v. New York, 372 U.S. 948, 83 S.Ct. 944, 9 L.Ed.2d 973 (1963). .      \xC2"......
  • People v. Estrialgo
    • United States
    • United States State Supreme Court (New York)
    • October 29, 1962
    ...... The police may not arrest everyone in the area until by process of elimination the felon is found. .          The cases which establish this fact pattern are too numerous to cite. Some of the recent cases are: People v. Carafas, 11 N.Y.2d 891, 227 . Page 569 . N.Y.S.2d 926, 182 N.E.2d 413; Landers v. United States, 5 Cir., 304 F.2d 577; United States [37 Misc.2d 274] v. Parrott, 6 Cir., 304 F.2d 619; United States v. Frierson, 7 Cir., 299 F.2d 763; United States v. Potts, 6 Cir., 297 F.2d 68; Moore v. United States, 5 ......
  • State v. Richter
    • United States
    • Supreme Court of Minnesota (US)
    • February 19, 1965
    ...... We find this a difficult philosophical hurdle to leap. In 1949, the United States Supreme Court squarely held in Wolf v. People of State of Colorado, 338 U.S. 25, 33, 69 S.Ct. 1359, 1364, 93 L.Ed. 1782, 1788, that 'in a prosecution in a State court for a State crime the ...642, 184 A.2d 279; United States ex rel. Mancini v. Rundle (E.D.Pa.) 219 F.Supp. 549; Peters v. Dillon (D.Colo.) 227 F.Supp. 487; People v. Carafas, 11 N.Y.2d 891, 227 N.Y.S.2d 926, 182 N.E.2d 413; United States ex rel. Carafas v. LaVallee (2 Cir.) 334 F.2d 331; People v. West, 12 N.Y.2d 1090, ......
  • People v. Salerno
    • United States
    • United States State Supreme Court (New York)
    • December 27, 1962
    ...... (Brinegar v. United States, supra; Husty v. United States, supra; Carroll v. United States, 267 U.S. 132, 45 S.Ct. 280, 69 L.Ed. 543; Robinson v. United States, supra; McCarthy v. United States, 8 Cir., 264 F.2d 473; Bell v. United States, supra; People v. Carafas, supra.).          Extreme examples of circumstances in which police must be permitted some powers of investigation come readily to mind. Suppose an officer finds a man standing alone next to a bloody corpse, or suppose a child has been kidnapped in an area that can be readily isolated by ......
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