People v. Manfre

Citation386 N.Y.S.2d 401,39 N.Y.2d 907,352 N.E.2d 588
Parties, 352 N.E.2d 588 The PEOPLE of the State of New York, Appellant, v. Pasquale MANFRE and Louis Pepitone, Respondents.
Decision Date10 June 1976
CourtNew York Court of Appeals

Orders affirmed for the reasons stated in the majority opinion by Mr. Justice Louis J. Capozzoli at the Appellate Division (48 A.D.2d 135, 368 N.Y.S.2d 181).

All concur except JASEN, J., who dissents and votes to reverse on the dissenting opinion by Mr. Justice VINCENT A. LUPIANO at the Appellate Division.

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11 cases
  • People v. Boodle
    • United States
    • New York Court of Appeals Court of Appeals
    • June 14, 1979
    ...v. Allende, 39 N.Y.2d 474, 384 N.Y.S.2d 416, 348 N.E.2d 891; People v. Pepitone, 48 A.D.2d 135, 368 N.Y.S.2d 181, affd. 39 N.Y.2d 907, 386 N.Y.S.2d 401, 352 N.E.2d 588). But the inquiry does not end there. As we have often said, if the evidence was revealed as a direct consequence of the un......
  • People v. Grande
    • United States
    • New York Supreme Court — Appellate Division
    • February 22, 1977
    ...(cf. People v. Farenga, 52 A.D.2d 587, 383 N.Y.S.2d 542; People v. Pepitone, 48 A.D.2d 135, 368 N.Y.S.2d 181, affd., 39 N.Y.2d 907, 386 N.Y.S.2d 401, 352 N.E.2d 588). Thus, the sole question presented for our determination is whether the investigators' observation of large wrapped cartons, ......
  • People v. Rizzo
    • United States
    • New York Court of Appeals Court of Appeals
    • July 15, 1976
    ...Absent a quantum of belief sufficient to constitute probable cause they may not enter and inspect (cf. People v. Manfre,39 N.Y.2d 907, 386 N.Y.S.2d 401, 352 N.E.2d 588). Here on the basis of evidence adduced at trial, the trial court concluded that there was no probable cause for the agent ......
  • People v. Monforte
    • United States
    • New York Supreme Court — Appellate Division
    • April 11, 1977
    ...view (see People v. Garafolo, 44 A.D.2d 86, 353 N.Y.S.2d 500; People v. Pepitone, 48 A.D.2d 135, 368 N.Y.S.2d 181, affd. 39 N.Y.2d 907, 386 N.Y.S.2d 401, 352 N.E.2d 588). Here, it was necessary for the investigators to begin their search by tearing open one of the half-cases before they cou......
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