PEOPLE v. McILWAIN


28 A.D.2d 711 (1967)

The People of the State of New York, Appellant, v. Helen McIlwain, Respondent

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

June 19, 1967


Order reversed insofar as appealed from, on the law and the facts, and motion to suppress evidence denied.

The motion to suppress was granted by the learned Justice at Criminal Term on the ground that section 178 of the Code of Criminal Procedure had not been complied with and that there was no showing of exigent circumstances which might excuse the noncompliance. We agree that the statute had not been complied with, but we disagree with the conclusion that there...

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