People State New York v. Irving Brown

[12]     The defendant was arrested at about 7:30 p.m. on February 17, 1971, in the vicinity of 431 Ralph Avenue, Brooklyn, New York, by a patrolman who had been dispatched to that location to make a "notification" to a person living there. Upon leaving the building, the officer observed the defendant carrying a crowbar and an automobile battery, the cables of which appeared torn. The patrolman then stopped the defendant and asked whether he owned the battery, to which he replied, "Yes". The defendant was then asked whether he owned the crowbar, to which he again answered, "Yes". The officer then arrested the defendant purportedly for the possession of a burglars tool and the possession of stolen property. In searching [32 N.Y.2d 172 Page 174]