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PEOPLE v. JOFFE

54 Misc.2d 356 (1967)

The People of the State of New York, Respondent, v. Lester Joffe and Frank Tricarico, Appellants.

Supreme Court, Appellate Term, First Department.

June 27, 1967

Attorney(s) appearing for the Case

Fruchtmen & Wallach (Arnold E. Wallach of counsel), for appellants. Frank S. Hogan, District Attorney (Robert B. Sperling of counsel), for respondent.

Concur — GOLD, J. P., STREIT and HECHT, Jr., JJ.

Per Curiam.

Judgments of conviction reversed on the law and the facts, the fine paid by the appellant Tricarico is remitted, and the informations dismissed. The appellants were convicted of violating section 1141 of the Penal Law. The two search warrants which were executed are concededly defective (Stanford v. Texas, 379 U.S. 476; People v. Matherson, 16 N.Y.2d 509). The order...

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