People v. Pace

Decision Date30 May 1985
Citation65 N.Y.2d 684,491 N.Y.S.2d 618
Parties, 481 N.E.2d 250 The PEOPLE of the State of New York, Appellant, v. Sylvester PACE and Gaetano Pace, Respondents.
CourtNew York Court of Appeals Court of Appeals
OPINION OF THE COURT MEMORANDUM.

The order of the Appellate Division, 101 A.D.2d 336, 475 N.Y.S.2d 443 should be affirmed.

The Appellate Division's factual finding does not preclude an appeal to this court (People v. Albro, 52 N.Y.2d 619, 624, 439 N.Y.S.2d 836, 422 N.E.2d 496). The warrantless search of defendants' automobile salvage yard was not undertaken for administrative purposes. Thus, New York City Charter § 436 is inapplicable, and the evidence obtained must be suppressed as acquired in violation of the constitutional proscription against unreasonable searches and seizures.

WACHTLER, C.J., and JASEN, MEYER, SIMONS, KAYE and ALEXANDER, JJ., concur.

TITONE, J., taking no part.

Order affirmed in a memorandum.

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16 cases
  • New York v. Burger
    • United States
    • U.S. Supreme Court
    • June 19, 1987
    ...of a recent decision of the Appellate Division, People v. Pace, 101 App.Div.2d 336, 475 N.Y.S.2d 443 (1984), aff'd, 65 N.Y.2d 684, 491 N.Y.S.2d 618, 481 N.E.2d 250 (1985),7 the court granted reargument. Upon re- consideration, the court distinguished the situation in Pace from that in the i......
  • Gem Fin. Serv., Inc. v. City of N.Y.
    • United States
    • U.S. District Court — Eastern District of New York
    • March 29, 2018
    ...all about administrative searches and inspections of merchandise or inventory." (Mangano, J., dissenting) ), aff'd , 65 N.Y.2d 684, 491 N.Y.S.2d 618, 481 N.E.2d 250 (1985). With this understanding, the defendants in Burger and this action have not argued that any code or statute expressly l......
  • People v. Keta
    • United States
    • New York Supreme Court — Appellate Division
    • February 19, 1991
    ... ... Here, the challenged enactment affects only a relatively small number of commercial establishments operating businesses within an industry which the Legislature has found to be influenced by the multimillion-dollar trade in stolen automobiles and parts ( cf., People v. Pace, 101 A.D.2d 336, 342-344, 475 N.Y.S.2d 443 [Mangano, J., dissenting], affd. 65 N.Y.2d 684, 491 N.Y.S.2d 618, 481 N.E.2d 250 ["[t]he junkyard and vehicle dismantling industries have long been subject to government supervision and inspection due to legislative findings that the crimes of criminal ... ...
  • Pinaud v. County of Suffolk
    • United States
    • U.S. District Court — Eastern District of New York
    • June 25, 1992
    ...as a result of a decision in the case of People v. Pace, 101 A.D.2d 336, 475 N.Y.S.2d 443 (2d Dep't 1984), aff'd, 65 N.Y.2d 684, 491 N.Y.S.2d 618, 481 N.E.2d 250 (Ct.App.1985), decided after plaintiff's suppression hearing was held but before a decision was rendered, it appeared that eviden......
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1 books & journal articles
  • 2.5 - VI. The Fifth Amendment Does Not Protect “Required Records”
    • United States
    • New York State Bar Association NY Criminal Practice Chapter 2 The Privilege Against Self-incrimination
    • Invalid date
    ...administrative or criminal searches and seizures thereof, see People v. Pace, 101 A.D.2d 336, 475 N.Y.S.2d 443 (2d Dep’t 1984), aff’d, 65 N.Y.2d 684, 491 N.Y.S.2d 618 (1985), distinguished in People v. Burger, 112 A.D.2d 1046, 493 N.Y.S.2d 34 (2d Dep’t 1985), rev’d, 67 N.Y.2d 338, 502 N.Y.S......

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