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PEOPLE v. WHITEHURST

25 N.Y.2d 389 (1969)

The People of the State of New York, Respondent, v. Leon Whitehurst, Appellant.

Court of Appeals of the State of New York.

Decided November 26, 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 BREITEL and GIBSON concur with Judge BURKE; Judge SCILEPPI dissents and votes to affirm in a separate opinion in which Judges BERGAN and JASEN concur.

BURKE, J.

Defendant appeals from an order of the Appellate Term affirming the judgment of conviction of the Criminal Court of the City of New York, Kings County, convicting him, upon his plea of guilty, of unlawful possession of narcotics (Public Health Law, § 3305) and sentencing him to six months in the penitentiary.

At the suppression hearing Detective...

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