People v. Lo Cicero

• Decision Date: 07 January 1971
• Citation: People v. Lo Cicero, 319 N.Y.S.2d 72, 28 N.Y.2d 525, 267 N.E.2d 885 (N.Y. 1971)
• Parties: , 267 N.E.2d 885 PEOPLE, etc., Respondent, v. Carlo LO CICERO, Appellant.
• Court: New York Court of Appeals Court of Appeals

Page 72

319 N.Y.S.2d 72

28 N.Y.2d 525, 267 N.E.2d 885

PEOPLE, etc., Respondent, v. Carlo LO CICERO, Appellant.

Court of Appeals of New York.

Jan. 7, 1971.

Appeal from Supreme Court, Appellate Division, Second Department, 32 A.D.2d 741, 301 N.Y.S.2d 446.

The Supreme Court, Kings County, rendered a judgment on May 11, 1967, and the defendant appealed.

The Appellate Division rendered a judgment affirming the judgment of the Supreme Court without opinion.

The defendant appealed to the Court of Appeals.

Judgment affirmed in the following memorandum: There was probable cause for the arrest, and the entrance into the apartment to effect that arrest, based on the observations through the partly opened door coupled with the information the police had obtained previously. Assuming that the ensuing search was wider than permitted under the rule in Chimel v. California, 395 U.S. 752, 89 S.Ct. 2034, 23 L.Ed.2d 685, there is no need or warrant to accord retroactive effect to that rule to a search and an action fully tried before the decision...