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PEOPLE v. CAPUTO

41 A.D.2d 165 (1973)

The People of the State of New York, Appellant, v. Joseph Francis Caputo, Respondent The People of the State of New York, Appellant, v. James Michael Caputo, Respondent

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

March 22, 1973.

Attorney(s) appearing for the Case

Philip A. Berke, District Attorney, for appellants.

E. Stewart Jones, Jr., for respondents.

MAIN, J., concurs with STALEY, JR., J.; HERLIHY, P. J., concurs in a separate opinion; GREENBLOTT, J., dissents and votes to affirm in an opinion in which COOKE, J., concurs.

STALEY, JR., J.

These are appeals from an order of the County Court of Washington County, entered August 3, 1972, which granted a motion by defendants to suppress evidence.

The facts are not in dispute. On March 26, 1972, in the late afternoon, Trooper Werthmuller received a telephone call at the New York State Police substation at South Glens Falls from a confidential informer, conceded by defendants to be reliable, who advised him that defendants...

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