PEOPLE v. BUTTERLY


25 N.Y.2d 159 (1969)

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

Court of Appeals of the State of New York.

Decided July 2, 1969.


Attorney(s) appearing for the Case

Leon B. Polsky and Milton Adler for appellant.

Eugene Gold, District Attorney (Harry Brodbar of counsel), for respondent.

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN and JASEN concur.


BREITEL, J.

Defendant appeals from a conviction for unlawful possession of barbiturates as a misdemeanor (former Penal Law, § 1747-b). Following a hearing in the Criminal Court of the City of New York, defendant's motion to suppress physical evidence was denied. Defendant was then tried before a one-Judge court without a jury and convicted. On May 23, 1967 he was sentenced to time served. The Appellate Term...

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