People v. Isaac

The defendant was indicted for feloniously possessing a narcotic drug in. violation of section 1751 of the Penal Law. He now moves to suppress evidence allegedly obtained as the result of an unlawful search and seizure. No hearing was held, the parties having agreed that the issue be decided upon the basis of the undisputed facts elicited upon the preliminary examination. Accordingly, the court finds the facts to be as stated herein.

At about 12:45 a.m. on November 21, 1962, a New York City police officer observed the defendant in a car parked on a street near the rear exit of a theatre. After…