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PEOPLE v. OSTOLAZA

19 A.D.2d 871 (1963)

The People of the State of New York, Respondent, v. Manuel Ostolaza, Appellant

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

November 19, 1963

The determination of this appeal is held in abeyance, by unanimous vote, so that defendant may move promptly in the Supreme Court to suppress the evidence allegedly seized illegally, and so that the Supreme Court may hold a hearing without a jury to determine whether the search and seizure were incidental to a lawful arrest (People v. Coffey, 11 N.Y.2d 142, 148). Although counsel for defendant originally made no objection to the...

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