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PEOPLE v. PADDOCK

29 N.Y.2d 504 (1971)

The People of the State of New York, Appellant, v. William A. Paddock, Respondent.

Court of Appeals of the State of New York.

Decided June 9, 1971.

Attorney(s) appearing for the Case

L. Paul Kehoe, District Attorney (Richard E. Chase of counsel), for appellant.

Roger E. Davis for respondent.

James H. Morgenstern for Genesee Valley Chapter, American Civil Liberties Union, amicus curiae.

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL and GIBSON. Judge JASEN concurs in the following opinion.

Order affirmed.

JASEN, J. (concurring).

Although I concur in the result upon constraint of People v. Stratton (286 App. Div. 323, affd. 1 N.Y.2d 664), I would only add the following. Since the Stratton case was decided, the Supreme Court has ruled in Schmerber v. California (384 U.S. 757) that there are no constitutional rights or privileges to prevent a State...

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