People v. Chitty

On February 4,1963, New York City police, acting on information that an unknown person would be carrying a sawed-off shotgun in the vicinity of Jerry’s Luncheonette, on West 45th Street, placed the area under surveillance. A group of five people gathered outside that diner, and one of them carried a green shoe box which was at least large enough to contain the weapon. Subsequently, the defendant, carrying an attache case, joined the group, and they all entered the restaurant and seated themselves in adjoining booths. The police followed the suspects inside, identified themselves, and an…