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PEOPLE v. OVERTON

24 N.Y.2d 522 (1969)

The People of the State of New York, Appellant, v. Carlos Overton, Respondent.

Court of Appeals of the State of New York.

Reargued March 3, 1969.

Decided April 23, 1969.

Attorney(s) appearing for the Case

Leonard Rubenfeld, District Attorney (James J. Duggan of counsel), for appellant.

David C. Gilberg and Michael H. Gilberg for respondent.

Judges SCILEPPI, KEATING and JASEN concur with Judge BURKE; Judge BERGAN dissents and votes to affirm in a separate opinion in which Chief Judge FULD concurs; Judge BREITEL dissents and votes to affirm solely on constraint of Bumper v. North Carolina ().

BURKE, J.

We ordered reargument in this case so that we might reconsider our initial determination (20 N.Y.2d 360) in light of the recent Supreme Court decision in Bumper v. North Carolina (391 U.S. 543). The single issue before us is whether the search that was conducted in this case may be sustained without a warrant.

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