eBook details
- Title: People State New York v. Romie Moore
- Author : Court of Appeals of New York
- Release Date : January 10, 1962
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
After a trial before a New York City Magistrate, defendant was convicted of the misdemeanor of possession of policy slips (Penal Law, 975) and was sentenced to a fine and imprisonment in the workhouse. The only law question arises from appellant's argument that the policy slips found on his person by the arresting police officer were admitted into evidence in violation of his constitutional rights as to unlawful search and seizure. His trial was held on July 26, 1961 after the decision in Mapp v. Ohio (367 U.S. 643) and there were specific objections on the constitutional ground to the challenged evidence, so there is no doubt as to the Mapp point being in the case. The prosecution's position is that the search of defendant's person during which the policy slips were discovered was incident to a lawful arrest (see People v. Loria, 10 N.Y.2d 368, 373, and cases cited) for a misdemeanor committed in the police officer's presence. Defendant's submission is that the acts which the officer testified he observed were not in themselves sufficiently indicative of a crime being in the course of commission and that the showing of criminal activity appeared only from the policy slips afterwards illegally seized. We agree with defendant.