People v. Cohen

Decision Date15 October 1969
Citation61 Misc.2d 858,306 N.Y.S.2d 788
PartiesThe PEOPLE of the State of New York, Appellant, v. Kenneth A. COHEN, Bruce Pellman, Sheldon W. Raskin and Frank Weiner, a/k/a Frank Wiener, Respondents.
CourtNew York Supreme Court — Appellate Term

William Cahn, Dist. Atty. (Gino Papa, Mineola, of counsel), for appellant.

William G. Kerwick, Jamaica, for Sheldon W. Raskin, respondent.

Joseph F. Soviero, Jr., Jamaica, for Kenneth A. Cohen, Respondent.

Jesse Moss, New York City, for Bruce Pellman, respondent.

Wiener & Cohen, Freeport, for Frank Wiener, respondent.

Before GULOTTA, P.J., and GLICKMAN and PITTONI, JJ.

PER CURIAM.

Order unanimously affirmed. The sole argument presented by the People upon this appeal is that the search was incidental to a lawful arrest. The arrest, however, followed the search which was itself illegal.

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6 cases
  • State v. Rodriguez
    • United States
    • Court of Appeals of Texas. Court of Criminal Appeals of Texas
    • June 7, 2017
    ...F.Supp. 777, 786 (W.D. Mich. 1975) ; People v. Cohen , 57 Misc.2d 366, 292 N.Y.S.2d 706, 713 (Dist. Ct. 1968), aff'd , 61 Misc.2d 858, 306 N.Y.S.2d 788 (Sup. Ct. 1969). The student is the tenant, the college the landlord. As the court of appeals put it: "Appellee enjoyed the same Fourth Ame......
  • Piazzola v. Watkins
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • April 27, 1971
    ...this search was unreasonable. In a case where the facts were similar, People v. Cohen, 57 Misc.2d 366, 292 N.Y.S.2d 706, aff'd, 61 Misc.2d 858, 306 N.Y.S.2d 788, Judge Burstein "The police and the Hofstra University officials admitted that they entered the room in order to make an arrest, i......
  • Fox v. Board of Trustees of State University of New York, 117
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • March 11, 1988
    ...This has also been the law of New York, at least as expressed in People v. Cohen, 57 Misc.2d 366, 292 N.Y.S.2d 706 (Dist.Ct.1968), aff'd, 61 Misc.2d 858, 306 N.Y.S.2d 788 (Sup.Ct.1969). RALPH, the SUNY/Cortland student informational booklet, recognizes that students in dormitory rooms, like......
  • Patterson v. State
    • United States
    • Court of Appeals of Texas
    • December 9, 2020
    ...F. Supp. 777, 786 (W.D. Mich. 1975); People v. Cohen, 57 Misc. 2d 366, 292 N.Y.S.2d 706, 713 (Dist. Cr. 1968), aff'd, 61 Misc.2d 858, 306 N.Y.S.2d 788 (Sup. Ct. 1969). The student is the tenant, the college the landlord. As the court of appeals put it: "Appellee enjoyed the same Fourth Amen......
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