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PEOPLE v. FIEDLER

30 A.D.2d 476 (1968)

The People of the State of New York, Respondent, v. Kurt Fiedler, Appellant

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

October 31, 1968.

Attorney(s) appearing for the Case

Lipsitz, Green, Fahringer, Roll, Schuller & James (Herald Price Fahringer of counsel), for appellant.

Michael F. Dillon, District Attorney (Leslie G. Foschio of counsel), for respondent.

WILLIAMS and WITMER, JJ., concur with HENRY, J.; GOLDMAN, J., dissents in opinion in which BASTOW, P. J., concurs.

HENRY, J.

On defendant's appeal from a judgment convicting him of illegal possession of narcotic drugs, we have before us for review an order of Erie County Court denying his motion to suppress evidence seized under the authority of a search warrant. The warrant is based on an affidavit of police officer Giambrone and a verified statement of Marsha Van Dervoort. Giambrone avers that he had information that the Fiedler residence was used for the purpose...

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