People v. Butterly

Defendant appeals from a conviction for unlawful possession of barbiturates as a misdemeanor (former Penal Law, § 1747-b). Following a hearing in the Criminal Court of the City of New York, defendant’s motion to suppress physical evidence was denied. Defendant was then tried before a one-Judge court without a jury and convicted. On May 23, 1967 he was sentenced to time served. The Appellate Term, Second Department, affirmed without opinion, one Justice dissenting.

The initial issue is whether the door-blocking of a taxicab by police officers who had followed the taxi without probable cause to…