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PEOPLE v. LEONARD

33 A.D.2d 1010 (1970)

The People of the State of New York, Respondent, v. Barry Leonard, Appellant

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

February 24, 1970

Judgment entered June 20, 1968, convicting defendant, upon his plea of guilty, of criminal possession of a dangerous drug, affirmed.

The motion to suppress was based solely on the testimony of the arresting police officer given at the preliminary hearing before the Magistrate and the hearsay affidavit of defendant's attorney. The latter had no evidentiary value. (People v. De Simone, 56 Misc.2d 289, affd.

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