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PEOPLE v. KELLY

12 N.Y.2d 248 (1963)

The People of the State of New York, Appellant, v. Martin Kelly and Howard Koenig, Respondents.

Court of Appeals of the State of New York.

Decided February 28, 1963.

Attorney(s) appearing for the Case

Frank D. O'Connor, District Attorney (Benj. J. Jacobson of counsel), for appellant.

Sidney G. Sparrow and Robert E. Sparrow for respondents.

Judges DYE, FULD, VAN VOORHIS, BURKE, FOSTER and SCILEPPI concur.

Chief Judge DESMOND.

The order should be affirmed. However, some of the statements in the opinion of the intermediate court (former Appellate Part of Special Sessions) prompt us to elaborate somewhat on the jurisdictional and procedural questions there discussed.

The Appellate Part correctly held (see People v. Loria, 10 N.Y.2d 368) that the exclusionary doctrine...

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