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PEOPLE v. WHEATMAN

29 N.Y.2d 337 (1971)

The People of the State of New York, Appellant-Respondent, v. Nathan Wheatman, Appellant, and Jerry Jerome, Jered Contracting Corp., Samuel Spector, Dunrite Painting Co., Inc., Arnold Marcus and Marcus Decorating Co., Inc., Respondents.

Court of Appeals of the State of New York.

Decided December 2, 1971.

Attorney(s) appearing for the Case

Frank S. Hogan, District Attorney (Lewis R. Friedman and Michael R. Juviler of counsel), for appellant-respondent.

Frederick H. Block for Arnold Marcus and Marcus Decorating Co., Inc., respondents.

Allen H. Weiss and Benjamin Shedler for Samuel Spector and Dunrite Painting Co., Inc., respondents.

Irving Anolik for Nathan Wheatman, appellant.

Irving Anolik for Jerry Jerome and Jered Contracting Corp., respondents.

Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON concur.

Chief Judge FULD.

Seven defendants were adjudged guilty of crimes of conspiracy and bribery following a jury trial and, on appeal, the Appellate Division reversed and ordered a new trial (33 A.D.2d 67), holding that the affidavit, relied on by the District Attorney to procure search warrants, was insufficient. The People took an appeal...

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