People v. Marsh

Chief Judge Fuld.

The defendant was arrested pursuant to an arrest warrant issued in 1965 for a traffic violation, speeding, committed in 1963. Immediately upon making the arrest, the police officer searched the defendant, took from his pocket a book of matches and, opening the match cover, found a sheet of paper which implicated him in the playing of policy. He was thereafter charged, tried and convicted for possession of a policy slip (Penal Law, § 975). On this appeal, the defendant complains about the denial of his pretrial motion — which was renewed and denied at the trial — to suppress…