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PEOPLE v. MACK

26 N.Y.2d 311 (1970)

The People of the State of New York, Respondent, v. James Mack, Appellant.

Court of Appeals of the State of New York.

Decided April 16, 1970.

Attorney(s) appearing for the Case

Richard A. Levy and Milton Adler for appellant.

Eugene Gold, District Attorney (Frank Di Lalla of counsel), for respondent.

Judges BERGAN, BREITEL, JASEN and GIBSON concur with Judge SCILEPPI; Chief Judge FULD dissents and votes to reverse in a separate opinion in which Judge BURKE concurs.

SCILEPPI, J.

This is an appeal from a judgment of the Appellate Division, Second Department, which affirmed a judgment of Supreme Court, Kings County, convicting defendant (after the denial of his motion to suppress) on his plea of guilty to unlawful possession of a weapon as a misdemeanor.

At the suppression hearing Patrolman James Stevens was the only witness for the People. He testified that on October...

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