People v. Sperber
| Decision Date | 19 November 1964 |
| Citation | 254 N.Y.S.2d 538,15 N.Y.2d 566 |
| Parties | , 203 N.E.2d 219 The PEOPLE, etc., Respondent, v. William SPERBER and Sidney Sperber, Appellants. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Term, First Department, 40 Misc.2d 13, 242 N.Y.S.2d 652.
Defendants made a motion for suppression of evidence allegedly procured through unlawful search and seizure. The Magistrate's Court of the City of New York, Borough of the Bronx, Neal P. Bottiglieri, J., entered an order granting the motion, and the People of the State of New York appealed.
The Appellate Term, Tilzer, J., reversed the order, remanded the case for trial, and held that police officer, who placed base of ladder on roof of structure separated from defendants' store, and who leaned top of ladder against outer wall of store, so that he could look through an open window while standing on ladder and observe and overhear men placing bets with defendants on horse races, did not commit a trespass, and that testimony of the officer concerning what he saw and heard was admissible against the defendants. Hecht, J., dissented.
The defendants appealed to the Court of Appeals.
Isidore Dollinger, New York City (Bertram R. Gelfand, New York City, of counsel), for respondent.
Order affirmed.
All concur except DESMOND, C. J., and FULD and VAN VOORHIS, JJ., who dissent and vote to reverse and grant the motion to suppress and order a new trial.
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...has taken place, the People rely heavily on the case of People v. Sperber, 40 Misc.2d 13, 242 N.Y.S.2d 652, affirmed 15 N.Y.2d 566, 254 N.Y.S.2d 538, 203 N.E.2d 219. In that case, personal investigation and surveillance by a police officer suggested illegal gambling activities in a candy st......
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