People v. Overton
| Decision Date | 18 May 1966 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Carlos OVERTON, Appellant. |
| Court | New York Supreme Court — Appellate Term |
David C. Gilberg, Mount Vernon, for appellant.
Leonard Rubenfeld, Dist. Atty., Peekskill, B. Anthony Morosco, Asst. Dist. Atty., Yonkers, for respondent.
Before McDONALD, GROAT and FANELLI, JJ.
Judgment and order denying motion to suppress evidence reversed on the law, motion granted and information dismissed.
The warrant, in so far as it directed a search of defendant's locker in a public high school, was vacated by the trial court. The search was illegal and cannot be justified upon the theory of consent on the part of the vice-principal of said school. Defendant had the exclusive use of the locker in question and the purported consent to search it was not binding upon him. The confession obtained from defendant, being the product of the illegal search and seizure, was inadmissible against him (People v. Rodriguez, 11 N.Y.2d 279, 286, 229 N.Y.S.2d 353, 356, 183 N.E.2d 651, 653). Absent any competent evidence upon which the conviction can be upheld, we are constrained to dismiss the information.
FANELLI, J., not voting.
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Overton v. Rieger
...not seized illegally, and dismissal of the information, by the Supreme Court, Appellate Term, Second Department (People v. Overton, 51 Misc.2d 140, 273 N.Y.S.2d 143 (1966)). In 1967 the New York Court of Appeals held that notwithstanding the invalid search warrant, the search could be susta......
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People v. Overton
...'The search was illegal and cannot be justified upon the theory of consent on the part of the vice-principal of said school' (51 Misc.2d 140, 273 N.Y.S.2d 143). In our initial determination, we reversed the Appellate Term and sustained the denial of the motion to suppress. Judge Keating, wr......
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