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People v. L'Hommedieu

Supreme Court, Appellate Term, Second Department
Mar 4, 1970
62 Misc. 2d 925 (N.Y. App. Term 1970)

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.


Summaries of

People v. L'Hommedieu

Supreme Court, Appellate Term, Second Department
Mar 4, 1970
62 Misc. 2d 925 (N.Y. App. Term 1970)
Case details for

People v. L'Hommedieu

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EUGENE F. L'HOMMEDIEU…

Court:Supreme Court, Appellate Term, Second Department

Date published: Mar 4, 1970

Citations

62 Misc. 2d 925 (N.Y. App. Term 1970)
310 N.Y.S.2d 369

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