PEOPLE v. HUGHES


31 A.D.2d 235 (1969)

The People of the State of New York, Respondent, v. Harold Hughes, Appellant

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

January 9, 1969.


Attorney(s) appearing for the Case

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

Michael F. Dillon, District Attorney (Herbert J. Herman of counsel), for respondent.

DEL VECCHIO, MARSH, WITMER and HENRY, JJ., concur.


BASTOW, P. J.

The defendant has been convicted upon his plea of guilty of possessing with intent to sell, obscene, lewd and lascivious books and photographs. We are here concerned with the correctness of an intermediate order denying a motion to suppress certain evidence seized by the police pursuant to a search warrant.

In March, 1967 a member of the Buffalo Police Department swore to an affidavit in...

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