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PEOPLE v. ROSE

31 N.Y.2d 1036 (1973)

The People of the State of New York, Respondent, v. Carl Rose and Diane Mitchell, Appellants.

Court of Appeals of the State of New York.

Decided February 15, 1973.

Attorney(s) appearing for the Case

Philip L. Weinstein, William E. Hellerstein and Robert Kasanof for appellants.

Eugene Gold, District Attorney (Harry Brodbar and Raymond J. Scanlan of counsel), for respondent.

Concur: Judges BURKE, JASEN, GABRIELLI and WACHTLER. Judge JONES dissents and votes to reverse in the following opinion in which Chief Judge FULD concurs. Taking no part: Judge BREITEL.

Order affirmed.

JONES, J. (dissenting).

I would reverse and reinstate Judge ROTHWAX'S determination that the search in this instance was unlawful and accordingly that the evidence thereby obtained must be suppressed.

The affidavit of the police officer on which the search warrant was issued in this case sought a "no-knock" search, and no doubt exists that it was sufficient for that purpose. In my view it does not follow that there was...

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