People v. Belcher

The defendant moves for an order suppressing certain tangible evidence. (U. S. Const., 4th and 14th Amdts.; N. Y. State Const., art. I, § 12; Mapp v. Ohio, 367 U. S. 643; People v. Loria, 10 N Y 2d 368.) The People maintain that the search and seizure was conducted as contemporaneous to and incidental to a lawful arrest. Pursuant to an order of this court, a hearing has been held to inquire into the facts and circumstances surrounding the aforesaid search and seizure. (Code Crim. Pro., § 813-c.)

At the hearing, the following facts were established: On the evening of September 19, 1965, at…