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PEOPLE v. HABEL

18 N.Y.2d 148 (1966)

The People of the State of New York, Respondent, v. Henry Habel, Arthur McGovern, Kenneth Burkard, Julio Rodriguez and Morgan Seifert, Appellants, et al., Defendant.

Court of Appeals of the State of New York.

Decided July 7, 1966.

Attorney(s) appearing for the Case

Vincent J. Fuller, Henry Mayer, Jerome Wenig, Harold Ungar and Raymond W. Bergan for Henry Habel, Arthur McGovern and Julio Rodriguez, appellants.

Victor Rabinowitz, Samuel A. Neuburger, Leonard B. Boudin and Henry Winestine for Morgan Seifert and Kenneth Burkard, appellants.

Frank S. Hogan, District Attorney (Michael Juviler and H. Richard Uviller of counsel), for respondent.

John J. McAvoy for New York Civil Liberties Union, amicus curiæ.

Chief Judge DESMOND and Judges FULD, VAN VOORHIS, BURKE, SCILEPPI, BERGAN and KEATING concur.

Per Curiam.

To pursue the special kind of appeal allowed "notwithstanding" a plea of guilty by the third paragraph of section 813-c of the Code of Criminal Procedure, conditions prescribed by that section must be met.

This kind of an appeal is authorized when taken from the denial of a motion for the return or suppression of property, papers or things "unlawfully obtained" which may be used in evidence in a...

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