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PEOPLE v. MULLER

11 N.Y.2d 154 (1962)

The People of the State of New York, Respondent, v. Rudolph Muller, Appellant.

Court of Appeals of the State of New York.

Decided April 5, 1962.

Attorney(s) appearing for the Case

Daniel I. Davidson and Anthony F. Marra for appellant.

Isidore Dollinger, District Attorney (Walter E. Dillon of counsel), for respondent.

Chief Judge DESMOND and Judges DYE, FULD, BURKE and FOSTER concur; Judge VAN VOORHIS concurs upon the ground that no objection was taken upon constitutional grounds to the introduction of the allegedly illegally obtained evidence (see People v. Friola, , decided herewith).

FROESSEL, J.

Defendant's conviction of transgressing subdivision 3 of section 1751 of our Penal Law (possession of narcotics) was affirmed by the Appellate Division in October, 1954. Leave to appeal was first denied by a Judge of our court on November 8, 1954; reargument of the motion for leave was thrice denied on December 7, 1955, January 11, 1956, and November 30...

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