People v. McCarthy

Citation199 N.E.2d 382,250 N.Y.S.2d 290,14 N.Y.2d 206
Parties, 199 N.E.2d 382 The PEOPLE of the State of New York, Respondent, v. Charles McCARTHY, Michael Kancza and Kevin Collins, Appellants.
Decision Date07 May 1964
CourtNew York Court of Appeals

The order appealed from should be reversed, without costs, and the matter remitted to the Special Term, Supreme Court, New York County, for the entry of an order granting the relief prayed for in the petition, with instructions to order a new primary election for the office of Male Leader of the First Assembly District, Part A. New York County.

DESMOND, C. J., and DYE, FULD, VAN VOORHIS, BURKE, SCILEPPI and BERGAN, JJ., concur.

Order reversed, etc.

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10 cases
  • People v. Estrada
    • United States
    • United States State Supreme Court (New York)
    • November 9, 1964
    ......Caliente, 12 N.Y.2d 89, 94, 236 N.Y.S.2d 945, 947, 187 N.E.2d 550, 551); (b) if Estrada and Puccio had been arrested together after consummation of the sale, both arrests would have been unlawful (People v. Loria, 10 N.Y.2d 368, 223 N.Y.S.2d 462, 179 N.E.2d 478; People v. McCarthy, 14 N.Y.2d 206, 250 N.Y.S.2d 290, 199 N.E.2d 382; People v. Caliente, supra) and the search unreasonable as to both; (c) if both had been separately arrested but either charged . Page 888 . together or tried together, the evidence would be admissible against neither (McDonald v. United States, ......
  • People v. Grande
    • United States
    • New York Supreme Court Appellate Division
    • February 22, 1977
    ...... An arrest cannot be justified by what a search reveals; it must be valid at its inception, and evidence which is seized pursuant to an arrest without probable cause must be suppressed (People v. McCarthy, 14 N.Y.2d 206, 250 N.Y.S.2d 290, 199 N.E.2d 382; People v. Loria, 10 N.Y.2d 368, 223 N.Y.S.2d 462, 179 N.E.2d 478). In the instant case the investigators were not acting pursuant to any information supplied by a reliable informant, nor did the defendant have any prior arrest for a crime involving ......
  • People v. Garriga
    • United States
    • New York Supreme Court Appellate Division
    • April 6, 1993
    ...... "A search is good or bad when it starts and does not change character from its success" (People v. McCarthy, 14 N.Y.2d 206, 209, 250 N.Y.S.2d 290, 199 N.E.2d 382).          The primary purpose of the exclusionary rule is to deter future unlawful police misconduct (People v. Young, 55 N.Y.2d 419, 425, 449 N.Y.S.2d 701, 434 N.E.2d 1068, cert. denied, 459 U.S. 848, 103 S.Ct. 107, 74 L.Ed.2d 96). " ......
  • Peresluha v. City of New York
    • United States
    • New York Supreme Court Appellate Division
    • December 27, 1977
    ...... "Reasonable cause," "reasonable grounds," and "probable cause" have been considered to be synonymous terms (People v. McCarthy, 14 N.Y.2d 206, 209, 250 N.Y.S.2d 290, 292, 199 N.E.2d 382, 383; People v. Valentine, 17 N.Y.2d 128, 131, 269 N.Y.S.2d 111, 113, 216 ......
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