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PEOPLE v. ARDOLINO

28 A.D.2d 686 (1967)

The People of the State of New York, Appellant, v. Philip Ardolino, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 5, 1967

The critical question on this appeal is whether the search and seizure may be sustained under the authority of People v. Swanberg (22 A.D.2d 902, mod. 16 N.Y.2d 649). However, due in part to unduly restrictive rulings by the trial court on the admissibility of evidence, we are unable to determine whether the facts in the instant case fall within the rule of the Swanberg case (supra

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