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  5. 23 N.Y.2d 719 (1968)
 

PEOPLE v. ESTRADA

23 N.Y.2d 719 (1968)

The People of the State of New York, Respondent, v. Orlando Estrada, Appellant.

Court of Appeals of the State of New York.

Decided November 27, 1968.

Attorney(s) appearing for the Case

Robert L. Walker and Anthony F. Marra for appellant.

Elliott Golden, Acting District Attorney (J. Mitchell Rosenberg of counsel), for respondent.

Concur: Judges BURKE, SCILEPPI, BERGAN, KEATING, BREITEL and JASEN. Chief Judge FULD dissents and votes to reverse and to reinstate the order of Criminal Term granting defendant's motion to suppress on the ground that a person charged with possession of contraband at the time of an unlawful search and seizure is necessarily a "person * * * aggrieved" (Code Crim. Pro., § 813-c) by such illegal conduct even though he may not have had physical custody of the property. (See Jones v. United States, , 263-264.)

Order affirmed...

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