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PEOPLE v. BARNES

16 N.Y.2d 626 (1965)

The People of the State of New York, Respondent, v. Edward Barnes, Appellant.

Court of Appeals of the State of New York.

Decided May 27, 1965.

Attorney(s) appearing for the Case

Matthew Muraskin and Anthony F. Marra for appellant.

Frank S. Hogan, District Attorney (John A. K. Bradley and H. Richard Uviller of counsel), for respondent.

Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE, SCILEPPI and BERGAN.

Judgment affirmed. The requirement of subdivision (1) of section 40 of the New York City Criminal Court Act that a defendant be advised that he has a right to a trial before a three-Judge court was satisfied in this case when defendant elected to be tried before a single Judge. We see no substance to the claim that the narcotics were obtained by an illegal search and seizure...

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