Opinion
March 4, 1970
Appeal from the District Court of Nassau County, ALPHONSO M. LA PERA, J.
Edward A. Weiss for appellant.
William Cahn, District Attorney ( Gino Papa of counsel), for respondent.
While concededly there was absent here the basis for a reasonable search and seizure under the Fourth Amendment of the Constitution as applied to the public at large, in determining what is reasonable with respect to a person on probation, there must be taken into account the dual purpose of protecting the public as well as rehabilitating the criminal. The search is reasonable if under all the circumstances the probation officer acts reasonably in performing his duties toward both the delinquent and the public. ( People v. Chinnici, 51 Misc.2d 570; People v. Santos, 31 A.D.2d 508, affd. 25 N.Y.2d 977.) The actions of the officer in this case meet that test.
The judgment of conviction should be unanimously affirmed.
Concur — GULOTTA, P.J., PITTONI and McCULLOUGH, JJ.
Judgment affirmed.