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PEOPLE v. CASSONE

20 A.D.2d 118 (1963)

The People of the State of New York, Appellant, v. Edward Cassone and Francis Carbonaro, Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

December 17, 1963.

Attorney(s) appearing for the Case

Alan Frederick Leibowitz of counsel (H. Richard Uviller with him on the brief; Frank S. Hogan, District Attorney), for appellant.

Philip Segal of counsel (Samuel Segal, attorney), for Edward Cassone, respondent.

Gretchen W. Oberman of counsel (Anthony F. Marra, attorney), for Francis Carbonaro, respondent.

BOTEIN, P. J., BRIETEL, McNALLY, STEUER and BASTOW, JJ., concur.

Per Curiam.

The People appeal from an order granting a motion to suppress. The appeal was perfected as to only two of the defendants in the proceeding, namely, Cassone and Carbonaro. As to the remaining defendants, the appeal is severed, and the application as to them is not considered at this time.

The motion to suppress was made in the course of the prosecution of an indictment for burglary in the third degree. The facts brought out on the motion...

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