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PEOPLE v. McCARTHY

14 N.Y.2d 206 (1964)

The People of the State of New York, Respondent, v. Charles McCarthy, Michael Kancza and Kevin Collins, Appellants.

Court of Appeals of the State of New York.

Decided May 7, 1964.

Attorney(s) appearing for the Case

Salvatore Piazza for appellants.

Edward S. Silver, District Attorney (Stanley M. Meyer of counsel), for respondent.

Chief Judge DESMOND and Judges FULD, VAN VOORHIS, BURKE and BERGAN concur in Per Curiam opinion; Judges DYE and SCILEPPI dissent and vote to affirm.

Per Curiam.

Appellants McCarthy and Kancza were discovered by a police officer carrying a closed package consigned by a motor carrier to a corporation described as General Consolidated Ltd. Appellant McCarthy told the officer that the box contained a doll for his sister, and stated that he had found the package around the corner. They were arrested on suspicion. After being arrested, they stated that they got the package...

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