PEOPLE v. LEWIS


33 A.D.2d 193 (1969)

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

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

December 18, 1969.


Attorney(s) appearing for the Case

Max Feigin for appellant.

Bennett L. Gershman of counsel (Michael R. Juviler with him on the brief; Frank S. Hogan, District Attorney), for respondent.

STEUER and BASTOW, JJ., concur with McGIVERN, J.; CAPOZZOLI, J. P., dissents in opinion.


McGIVERN, J.

This is an appeal from a judgment entered June 10, 1968, County of New York, convicting the defendant, after trial before a court and jury, of the crime of possession of a weapon as a felony (Penal Law, § 265.05).

The appeal is singular in that the District Attorney in his brief on this appeal, agreeing with the defendant, states "that under the circumstances of this case, the search...

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