People v. Loewel
| Decision Date | 07 April 1977 |
| Citation | 394 N.Y.S.2d 591,41 N.Y.2d 609,363 N.E.2d 316 |
| Parties | , 363 N.E.2d 316 The PEOPLE of the State of New York, Respondent, v. Anthony LOEWEL, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
Paul J. Cambria, Jr., Herald Price Fahringer and Barbara J. Davies, Buffalo, for appellant.
Paul M. King, Dist. Atty., Mayville (John T. Ward, Jr., Asst. Dist. Atty., Mayville, of counsel), for respondent.
The issue presented is whether the search of defendant's person and the consequent seizure of a loaded firearm were justified as incident to a valid arrest on another charge. Upon this appeal, we are concerned only with the conviction resulting from the seizure of the weapon.
The defendant maintains that the weapon seized, following his arrest for criminal possession of stolen property, should have been suppressed because, as he claims, the arrest was not based on probable cause. The suppression hearing court found that the police acted with probable cause and the defendant thereupon pleaded guilty to the crime of attempted criminal possession of a weapon in the third degree. The defendant also pleaded guilty, under a separate indictment, to the crime of attempted possession of stolen property which charge was based upon the seizure of stolen coins in the basement of a house owned by the defendant, pursuant to a warrant authorizing a search "for * * * coins * * * removed from the premises of Ralph Jones". The weapon charge arose from a search incident to the defendant's arrest on another charge of possession of stolen property, stemming from seizure of stolen coins at a tire shop in the precincts of and at which the defendant was found. The Appellate Division invalidated the search warrant and ordered the suppression of the stolen coins seized in the search of defendant's basement but affirmed the conviction for attempted criminal possession of a weapon.
A large and valuable coin collection was purloined from the home of one Ralph C. Jones in the fall of 1973. While the police had recovered part of the stolen collection from a house owned by the defendant, the greater part of the collection was still missing in October, 1974. At that time one Albert Traniello offered to sell a coin collection for $80,000 to an undercover Federal agent who was one of a group of law enforcement officers investigating the theft of the Jones coin collection. Traniello told the agent that the coins had been stolen by a "good friend, and an excellent burglar, who had previously been arrested by a police agency." The agent was then taken by Traniello to the latter's place of business, the A & A Tire Shop in Jamestown, New York. While the two were negotiating the terms of the sale, State and Federal agents were outside maintaining surveillance of the premises. The undercover agent left the building, and utilizing a prearranged signal, alerted the backup team that coins from the Jones collection were on the premises. The leader of the team, Senior Investigator Munch, accompanied by Investigator Fiegl, followed their fellow agent into the building. As they approached the entrance, the investigators spotted the defendant lolling around in front of the workshop area about 30 feet from the office door....
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