PEOPLE v. DWORKIN


36 A.D.2d 430 (1971)

The People of the State of New York, Appellant, v. Mark Allen Dworkin, Marilyn Dworkin, Rhona C. Reiser and Eugene Hammond, Respondents

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

May 20, 1971.


Attorney(s) appearing for the Case

Aldo L. Di Florio, District Attorney (Shavasp Hanesian of counsel), for appellant.

William M. Kunstler and Everett M. Barlow for respondents.

WITMER, MOULE and HENRY, JJ., concur with DEL VECCHIO, J. P.; CARDAMONE, J., dissents in an opinion.


DEL VECCHIO, J. P.

On this appeal from an order granting a motion to suppress, we are called upon to determine whether defendants have established that the search and seizure of a quantity of marijuana were unlawful as violative of their constitutional rights.

On August 18, 1968 a vehicle owned and operated by defendant Mark Dworkin, in which the other three defendants were passengers, entered the United...

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