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PEOPLE v. RICKEN

29 A.D.2d 192 (1968)

The People of the State of New York, Appellant, v. Herman Ricken, Respondent The People of the State of New York, Appellant, v. Elaine Gallietta, Respondent

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

February 13, 1968.

Attorney(s) appearing for the Case

Howard A. Levine, District Attorney (Harry Bradt of counsel), for appellant.

Max H. Hershkowitz for respondents.

REYNOLDS, AULISI and GABRIELLI, JJ., concur with STALEY, Jr. J.; HERLIHY, J. P., dissents and votes to reverse in an opinion.

STALEY, JR., J.

This is an appeal from an order of the County Court of Schenectady County entered April 15, 1966, which declared illegal and void certain searches and seizures made pursuant to search warrants, and precluding the People from using the evidence obtained thereby in both of the above-entitled actions.

The search warrants were issued on July 14, 1965 by the Honorable JOHN F. DWYER, Justice...

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