People v. Gary
| Decision Date | 01 April 1964 |
| Citation | 14 N.Y.2d 730,250 N.Y.S.2d 75,199 N.E.2d 171 |
| Parties | , 199 N.E.2d 171 The PEOPLE of the State of New York, Respondent, v. Alfred James GARY, Appellant. The PEOPLE of the State of New York, Respondent, v. Maurice BAGLEY, Appellant. The PEOPLE of the State of New York, Respondent, v. John O'Dell MARTIN, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
Affirming judgment 20 A.D.2d 550, 245 N.Y.S.2d 307.
Louis P. Jacobs and Louis Raybin, New York City, for Alfred James Gary, appellant.
Josephine D. Greene and Anthony F. Marra, New York City, for remaining appellants.
Frank D. O'Connor, Dist. Atty. (Harvey B. Ehrlich, Laurelton, of counsel), for respondent.
Judgments affired.
FULD, J., dissents in the following opinion:
The police officer who arrested the defendants, acting solely on suspicion and unchecked information from an unknown informant, had no reasonable or probable cause for effecting their arrest. The seizure of the articles (received in evidence) may not, therefore, be justified as an incident to lawful arrest. The requisite probable cause must, of course, exist at the time of the arrest, for it is fundamental that the search or seizure attending an arrest is not rendered permissible by what later investigation uncovers. (See, e. g., Henry v. United States, 361 U.S. 98, 103, 80 S.Ct. 168, 171, 4 L.Ed.2d 134; People v. Loria, 10 N.Y.2d 368, 373, 223 N.Y.S.2d 462, 466, 179 N.E.2d 478, 482; People v. O'Neill, 11 N.Y.2d 148, 153, 227 N.Y.S.2d 416, 419, 182 N.E.2d 95, 98; People v. McCarthy, 14 N.Y.2d 206, 250 N.Y.S.2d 290, 199 N.E.2d 382; People v. Scalegnio, 14 N.Y.2d 744, 250 N.Y.S.2d 429, 199 N.E.2d 509.)
The judgments of conviction appealed from should be reversed.
Judgment affirmed.
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