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PEOPLE v. MENDEZ

35 A.D.2d 606 (1970)

The People of the State of New York, Respondent, v. America Mendez, Appellant

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

July 27, 1970

No opinion.

Benjamin, J., dissents and votes to reverse the judgment and the orders, grant the motion to suppress and remand the case to the trial court, with the following memorandum:

A search warrant was issued on the basis of an affidavit by one Lottie Walker. The People concede that the police learned of Walker's existence and identity through a wiretap which we have previously held invalid (People v. Mendez, 28 A.D...

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