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PEOPLE v. CASTRO

29 N.Y.2d 324 (1971)

The People of the State of New York, Respondent, v. Julio Castro, Appellant.

Court of Appeals of the State of New York.

Decided December 2, 1971.

Attorney(s) appearing for the Case

Philip L. Weinstein and Robert Kasanof for appellant.

Eugene Gold, District Attorney (Harry Brodbar of counsel), for respondent.

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

GIBSON, J.

The People contend that the Assistant District Attorney's stipulation removing from the court's consideration upon a suppression hearing the question of abandonment as treated in People v. Anderson (24 N.Y.2d 12) usurped the function of the court to determine the legal issues, including abandonment, arising upon...

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