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  5. 38 N.Y.2d 17 (1975)
 

PEOPLE v. HANSEN

38 N.Y.2d 17 (1975)

The People of the State of New York, Respondent, v. Steven C. Hansen, Appellant.

Court of Appeals of the State of New York.

Decided October 30, 1975.

Attorney(s) appearing for the Case

Lawrence H. Ecker and Joseph Abraham, Jr., for appellant.

Carl A. Vergari, District Attorney (James M. Rose and B. Anthony Morosco of counsel), for respondent.

Judges WACHTLER, FUCHSBERG and COOKE concur with Judge JONES; Chief Judge BREITEL dissents in part and votes to affirm in an opinion in which Judge JASEN concurs, and in which Judge GABRIELLI concurs in a separate opinion.

JONES, J.

We conclude that there was probable cause to sustain this warrant in part but not in toto, and hold that property seized under the separable, invalid portion must be suppressed.

The affidavit on which the warrant was issued contained sufficient competent allegations to support the findings below that there was probable cause to search the Hansen residence at the intersection of Routes...

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