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PEOPLE v. PLEVY

52 N.Y.2d 58 (1980)

The People of the State of New York, Respondent, v. Jules E. Plevy, Appellant.

Court of Appeals of the State of New York.

Decided December 22, 1980.

Attorney(s) appearing for the Case

Kent V. Moston, Matthew Muraskin, Michael J. Obus and Richard Greenberg for appellant.

Denis Dillon, District Attorney (Bruce E. Whitney and William C. Donnino of counsel), for respondent.

Chief Judge COOKE and Judges GABRIELLI, JONES and MEYER concur with Judge WACHTLER; Judge FUCHSBERG concurs in result in a separate opinion in which Judge JASEN concurs.

WACHTLER, J.

In two separate, and unrelated, prosecutions for murder and burglary the defendant moved to suppress evidence seized from his room pursuant to several search warrants which were based, in part, on observations made by a police officer while in the defendant's room. The defendant urged in each case that he did not consent to the initial police entry of his room. In the murder prosecution the issue...

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