PEOPLE v. VITAGLIANO


21 A.D.2d 677 (1964)

The People of the State of New York, Respondent, v. Carmine Vitagliano and Alexander Wright, Appellants

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

May 4, 1964


Judgment affirmed as to the defendant Vitagliano. Judgment reversed on the law as to the defendant Wright; and the action severed and a new trial granted as to him. The findings of fact implicit in the jury's verdict are affirmed.

In our opinion, the search without a warrant of defendant Wright's apartment, and his subsequent arrest which occurred four blocks away from such apartment and some 47 days after the search, rendered inadmissible as evidence against him...

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