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PEOPLE v. GRESHAM

28 N.Y.2d 823 (1971)

The People of the State of New York, Respondent, v. Kenneth C. Gresham, Appellant.

Court of Appeals of the State of New York.

Decided April 21, 1971.

Attorney(s) appearing for the Case

Harry Krauss for appellant.

Carl A. Vergari, District Attorney (B. Anthony Morosco of counsel), for respondent.

Concur: Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON. Chief Judge FULD dissents and votes to reverse the judgment and dismiss the information upon the ground that the fruits of the search were not admissible in evidence since there was no probable cause for defendant's arrest for loitering (see People v. Bell, ).

Judgment affirmed...

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