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PEOPLE v. POWELL

36 A.D.2d 177 (1971)

The People of the State of New York, Appellant, v. Joseph Powell, Henry Lee, Sandra Love, Lisa Arnold, Deonilda Frank, Marcelle Thomas, Mary Townsend, Naomi Bostick, Robbie Taylor, Beverly Massey, Winnie Jones, Sandra Newland, Linda Ranson and Alberta Stokes, Respondents

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

March 25, 1971.

Attorney(s) appearing for the Case

Alan D. Singer of counsel (Burton B. Roberts, District Attorney), for appellant.

Arnold E. Wallach of counsel (Rubin, Gold & Geller, attorneys), for Joseph Powell and others, respondents.

Louis L. Schwartz for Sandra Love, respondent.

Arthur J. Perry of counsel (Perry & O'Rourke, attorneys), for Mary Townsend and another, respondents.

David Bernheim of counsel (Henry B. Rothblatt, attorney), for Winnie Jones, respondent.

Jack Minoff for Sandra Newland, respondent.

MARKEWICH, J., concurs with McGIVERN, J.; McNALLY, J., concurs in result in an opinion, in which MARKEWICH, J., concurs; NUNEZ, J., dissents in an opinion, in which CAPOZZOLI, J. P., concurs.

McGIVERN, J.

The People appeal from an order of the Supreme Court, Bronx County (BRUST, J.), entered June 18, 1970, granting defendants' motions to suppress narcotics evidence as having been obtained as a result of illegal search and seizure. We disagree and would deny the motions.

Since the latter part of October, 1969, the police of the Narcotics Division had been conducting an investigation into the...

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