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PEOPLE v. McDONALD

47 Misc.2d 1040 (1965)

The People of the State of New York, Appellant, v. Francis McDonald, Respondent.

County Court, Broome County.

August 23, 1965

Attorney(s) appearing for the Case

Stephen Smyk, District Attorney (Herbert A. Kline of counsel), for appellant. Joel A. Scelsi and Shamulka & Shamulka for respondent.

LOUIS M. GREENBLOTT, J.

This is an appeal by the People from an order of the Police Justice of the Village of Endicott, Honorable CAMILLE ROACH, granting a motion of the defendant made pursuant to section 813-c of the Code of Criminal Procedure for the return of certain property seized under a search warrant. Judge ROACH also dismissed an information charging the defendant with violation of section 970 of the Penal Law. On July 8, 1963, this court granted...

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