People v. Montgomery

• Decision Date: 14 January 1965
• Citation: People v. Montgomery, 256 N.Y.S.2d 942, 15 N.Y.2d 732, 205 N.E.2d 206 (N.Y. 1965)
• Parties: , 205 N.E.2d 206 The PEOPLE, etc., Respondent, v. Thomas MONTGOMERY, Appellant. The PEOPLE, etc., Respondent, v. Harvey SHAW, Appellant.
• Court: New York Court of Appeals Court of Appeals

Page 942

256 N.Y.S.2d 942

15 N.Y.2d 732, 205 N.E.2d 206

The PEOPLE, etc., Respondent, v.Thomas MONTGOMERY, Appellant.

The PEOPLE, etc., Respondent, v.Harvey SHAW, Appellant.

Court of Appeals of New York.

Jan. 14, 1965.

Appeals from Supreme Court, Appellate Division, Second Department, 21 A.D.2d 904, 252 N.Y.S.2d 194, and21 A.D.2d 908, 252 N.Y.S.2d 301.

Both defendants were convicted of conspiracy as a felony, and defendant Montgomery was convicted of carrying a dangerous weapon as a felony, and the defendant Shaw was convicted of carrying a dangerous weapon as a misdemeanor.

The Supreme Court, Criminal Term, Kings County, Benjamin Brenner, J., entered judgments, and the defendants appealed.

The Appellate Division affirmed the judgments.

The defendants appealed to the Court of Appeals, contending that search of automobile trunk without a warrant was improper.

William W. Kleinman, Brooklyn, for appellant.

Robert W. Mullen and Anthony F. Marra, New York City, for defendant-appellant.

Aaron E. Koota, Brooklyn (Aaron Nussbaum, Brooklyn, of counsel), for respondents.

Judgments affirmed.

All concur.