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PEOPLE v. WHEATMAN

33 A.D.2d 67 (1969)

The People of the State of New York, Respondent, v. Nathan Wheatman, Jerry Jerome, Samuel Spector, Jered Contracting Corp. and Dunrite Painting Co., Inc., Appellants The People of the State of New York, Respondent, v. Arnold Marcus and Marcus Decorating Co., Inc., Appellants

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

November 6, 1969.

Attorney(s) appearing for the Case

Irvin Anolik for Nathan Wheatman, appellant.

Irving Anolik and Rudolph Ebenfeld of counsel for Jerry Jerome and Jered Contracting Corp., appellants.

Benjamin Shedler of counsel (Allen H. Weiss with him on the brief; Shedler & Weiss, attorneys), for Samuel Spector and Dunrite Painting Co. Inc., appellants.

Frederick H. Block for Arnold Marcus and Marcus Decorating Co. Inc., appellants.

Joseph A. Phillips of counsel (Michael R. Juviler and Alan Scribner with him on the brief; Frank S. Hogan, District Attorney), for respondent.

EAGER, J. P., CAPOZZOLI and NUNEZ, JJ., concur in Per Curiam opinion; McNALLY, J., dissents in opinion in which TILZER, J., concurs.

Per Curiam.

Judgments entered May 24, 1968 and June 20, 1968 convicting defendants-appellants of conspiracy and bribery reversed on the law, and a new trial ordered. The search warrant issued June 15, 1965 is vacated and the evidence seized upon its execution is suppressed.

Defendants' motion to vacate the search warrant and to suppress the records seized in the execution thereof predicated upon the insufficiency...

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