People v. Sciacca

Although I did not subscribe to the court’s rationale in the Rizzo case (see People v Rizzo, 40 NY2d 425, 430 [concurring opn]), I would ordinarily follow it in the present case on constraint of the doctrine of stare decisis. Rizzo, as I believe the dissent of Mr. Justice J. Irwin Shapiro at the Appellate Division persuasively demonstrates, mandates that the search and seizure under scrutiny here be sustained.

However, the majority having today limited the holding in Rizzo, I am no longer so constrained (People v Perez, 42 NY2d 971, 972 [Jasen, J., concurring]). I therefore cast my vote for…