People v. Lopez
| Decision Date | 16 November 1964 |
| Citation | 254 N.Y.S.2d 806,22 A.D.2d 813 |
| Parties | The PEOPLE of the State of New York, Respondent, v. John LOPEZ, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Wm. W. Kleinman, Brooklyn, for appellant.
Aaron E. Koota, Acting Dist. Atty., Brooklyn, Wm. I. Siegel, Brooklyn of counsel, for respondent.
Before BELDOCK, P. J., and UGHETTA, CHRIST, HILL and RABIN, JJ.
MEMORANDUM BY THE COURT.
Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered January 9, 1964 after a jury trial, convicting him of possession of narcotic drugs as a felony, and imposing sentence upon him as a third felony offender.
Judgment affirmed.
In our opinion, there was no search here because the police officer obtained possession of the narcotics after they were no longer in defendant's possession; they had been discarded by him. (People v. Battle, 12 N.Y.2d 866, 237 N.Y.S.2d 341, 187 N.E.2d 793; People v. Pittman, 14 N.Y.2d 885, 252 N.Y.S.2d 89, 200 N.E.2d 774; United States v. Zimple, 7 Cir., 318 F.2d 676.) Even if it be assumed that there was a search, the search was incidental to a lawful arrest based on probable cause.
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