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PEOPLE v. OVERTON

20 N.Y.2d 360 (1967)

The People of the State of New York, Appellant, v. Carlos Overton, Respondent.

Court of Appeals of the State of New York.

Decided July 7, 1967.

Attorney(s) appearing for the Case

Leonard Rubenfeld, District Attorney (James J. Duggan of counsel), for appellant.

David C. Gilberg and Michael H. Gilberg for respondent.

Judges VAN VOORHIS, BURKE, SCILEPPI and BREITEL concur with Judge KEATING; Judge BERGAN dissents and votes to affirm in an opinion in which Chief Judge FULD concurs.

KEATING, J.

Three detectives of the Mount Vernon Police Department having obtained a search warrant went to the Mount Vernon High School. The warrant directed a search of the persons of two students and, also, of their lockers.

The detectives presented the warrant to the vice-principal, Dr. Panitz, who sent for the two students, one of whom was the defendant, Carlos Overton. The detectives searched them...

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