People v. Gresham

Concur: Judges Burke, Scileppi, Bergan, Breitel, Jasen and Gibson. Chief Judge Fuld dissents and votes to reverse the judgment and dismiss the information upon the ground that the fruits of the search were not admissible in evidence since there was no probable cause for defendant’s arrest for loitering (see People v. Bell, 306 N. Y. 110).