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PEOPLE v. HENDRICKS

25 N.Y.2d 129 (1969)

The People of the State of New York, Respondent, v. John Hendricks, Appellant.

Court of Appeals of the State of New York.

Decided July 2, 1969.

Attorney(s) appearing for the Case

Malvine Nathanson and Milton Adler for appellant.

Thomas J. Mackell, District Attorney (George D. Marlow of counsel), for respondent.

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL and JASEN concur.

SCILEPPI, J.

On May 1, 1964 a search warrant authorizing a search of the person and the Queens County residence of the defendant was issued, based upon a supporting affidavit sworn to by Detective James Mugan. Armed with the warrant, Detective Mugan and two other detectives took the defendant into custody in Manhattan, near his place of business. They frisked him but did not then open the attache case that he...

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