MATTER OF ROBERT M


99 Misc.2d 462 (1979)

In the Matter of Robert M., Respondent.

Family Court, New York County.

May 14, 1979


Attorney(s) appearing for the Case

Allen G. Schwartz, Corporation Counsel (Murray Prawer of counsel), for petitioner. David Feinman for respondent.


STANLEY L. SKLAR, J.

The issue presented, apparently of first impression, is whether the People may introduce a gun into evidence under the following circumstances: The gun was discovered in a police search that might have been justified as incident to a lawful arrest for an unrelated crime, but the police failed to arrest for the unrelated crime.

The court ruled at the conclusion of the trial, but agreed...

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