People v. Kramer

The validity of the judgment convicting defendant of the misdemeanors of book-making (Penal Law, § 986) and of possession of book-making records (§ 986-b) is contingent on the legality of the search and of the seizure of the exhibits admitted over defendant’s objection at the trial. To sustain the legality of the search and of the seizure the People rely first on a search warrant issued on January 30, 1962 and second on the theory that there had been a lawful arrest for the commission of these misdemeanors in the presence of the arresting officer so that the subsequent incidental search and…