People v. Pace
| 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 |
| Court | New York Court of Appeals |
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.
TITONE, J., taking no part.
Order affirmed in a memorandum.
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16 cases
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New York v. Burger
...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......
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Gem Fin. Serv., Inc. v. City of N.Y.
...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......
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People v. Keta
... ... 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 ... ...
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Pinaud v. County of Suffolk
...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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