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PEOPLE v. MISHKIN

20 N.Y.2d 716 (1967)

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

Court of Appeals of the State of New York.

Decided July 7, 1967.

Attorney(s) appearing for the Case

John J. Mooney, Robert J. Fitzsimmons and Allan A. Pines for appellant.

Frank S. Hogan, District Attorney (Alan F. Scribner and H. Richard Uviller of counsel), for respondent.

Concur: Judges VAN VOORHIS, SCILEPPI, KEATING and BREITEL. Chief Judge FULD dissents and votes to reverse in the following opinion in which Judges BURKE and BERGAN concur.

Order affirmed in a memorandum. The decision in Mapp v. Ohio (367 U.S. 643) was announced while this criminal action was pending on appeal, the judgment of conviction was affirmed by this court (15 N.Y.2d 671) and likewise by the Supreme Court of the United States (383 U.S. 502). The Supreme Court stated that the constitutional...

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