Legal Opinion

People v. D'Abate

New York Court of Appeals

Decided November 3, 1975PublishedCited by 21 opinions

1Opinion of the Court

Memorandum. The order of the Appellate Division should be affirmed.

Defendant’s automobile, illegally parked in a bus stop zone, was towed to a police pound. In the course of a search for the purpose of safeguarding any contents, examination of the glove compartment disclosed a loaded revolver which was removed. Thereafter in a nonjury trial, defendant was convicted of criminal possession of a weapon as a felony.

We reject defendant’s contention that the revolver was seized in violation of his constitutional rights. We have held that the police may lawfully conduct what has sometimes been…

2Cases cited2 opinions

  1. People v. SullivanNew York Court of Appeals · 1971
  2. People v. BrownNew York Court of Appeals · 1969

3Cited by21 opinions

  1. Federal Insurance v. Arthur Andersen & Co.New York Court of Appeals · 1990
  2. Shapiro v. McNeillNew York Court of Appeals · 1998
  3. 936 Second v. Second Dev CoNew York Court of Appeals · 2008
  4. Tron v. CondelloDistrict Court, S.D. New York · 1976
  5. Corley v. MillerAppellate Division of the Supreme Court of the State of New York · 1987

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