People v. Pace
| Court | New York Court of Appeals |
| Writing for the Court | WACHTLER; TITONE |
| Citation | 65 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. |
| Decision Date | 30 May 1985 |
Page 618
v.
Sylvester PACE and Gaetano Pace, Respondents.
Elizabeth Holtzman, Dist. Atty. (Michael J. Halberstam and Barbara D. Underwood of counsel), for appellant.
Richard T. Farrell, Bernard Kenny and Barbara L. Hartung, Brooklyn, for respondents.
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
Page 619
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 practice notes
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People v. Keta
...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 in......
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Gem Fin. Serv., Inc. v. City of N.Y., 13–CV–01686 (MKB)
...does not speak at 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 s......
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New York v. Burger, No. 86-80
...in light 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- Page 697 consideration, the court distinguished the situation in Pace ......
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Pinaud v. County of Suffolk, No. CV 91-2205.
...Plaintiff alleges that 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, ......
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16 cases
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People v. Keta
...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 in......
-
Gem Fin. Serv., Inc. v. City of N.Y., 13–CV–01686 (MKB)
...does not speak at 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 s......
-
New York v. Burger, No. 86-80
...in light 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- Page 697 consideration, the court distinguished the situation in Pace ......
-
Pinaud v. County of Suffolk, No. CV 91-2205.
...Plaintiff alleges that 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, ......
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