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PEOPLE v. VERRECCHIO

23 N.Y.2d 489 (1969)

The People of the State of New York, Respondent, v. Frank Verrecchio, Appellant.

Court of Appeals of the State of New York.

Decided January 16, 1969.

Attorney(s) appearing for the Case

Kalman Finkel and Anthony F. Marra for appellant.

Elliott Golden, Acting District Attorney (Harry Brodbar and Ramond J. Scanlan of counsel), for respondent.

Chief Judge FULD and Judges BERGAN, KEATING and BREITEL concur with Judge BURKE; Judges SCILEPPI and JASEN dissent and vote to affirm on the ground that there is sufficient evidence to support a finding of probable cause for the search and resulting arrest of defendant since the officer's independent observations and defendant's false explanation at the scene were clearly sufficient to give rise to reasonable suspicion that a crime was being attempted or committed (People v. White, ).

BURKE, J.

The defendant was convicted, upon his plea of guilty, of the crime of attempted possession of narcotics in violation of section 3305 of the Public Health Law and was sentenced as a multiple offender to six months. Prior to his guilty plea, a hearing was held on defendant's motion to suppress certain evidence.

At that hearing, the arresting officer testified that, four days before he arrested...

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