People v. Ortiz

Gibbons, J. P. (dissenting).

Simply stated, the issue which divides the court on this appeal is the existence of probable cause for the warrantless arrest of the defendant on the premises of a Brooklyn candy store on the evening of January 23, 1980, following the execution of a search warrant for those premises. A quantity of marked money was seized from the defendant’s person as the result of a search conducted incident to that arrest, and it was this money which provided a principal link between the defendant, a former correction officer and candidate for patrolman, with no prior criminal…