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PEOPLE v. McMURTY

64 Misc.2d 63 (1970)

The People of the State of New York, Plaintiff, v. James McMurty, Defendant.

Criminal Court of the City of New York, New York County.

September 3, 1970

Attorney(s) appearing for the Case

Frank S. Hogan, District Attorney (Peter J. Driscoll of counsel), for plaintiff. Milton Adler and Victor Castelli for defendant.

IRVING YOUNGER, J.

For several years now, lawyers concerned with the administration of criminal justice have been troubled by the problem of "dropsy" testimony. This case shows why.

The facts are simple. On July 23, 1970, Patrolman Charles Frisina arrested defendant James McMurty on a charge of possession of marijuana. McMurty moved to suppress the marijuana for use as evidence, and, in due course, a...

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