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PEOPLE v. BUSH

33 N.Y.2d 921 (1973)

The People of the State of New York, Respondent, v. Leon Bush, Appellant.

Court of Appeals of the State of New York.

Decided December 28, 1973.

Attorney(s) appearing for the Case

David T. Berman for appellant.

Eugene Gold, District Attorney (Roger Bennet Adler of counsel), for respondent.

Judges BURKE, BREITEL, JASEN, GABRIELLI, JONES and WACHTLER concur in Per Curiam opinion; Chief Judge FULD taking no part.

Per Curiam.

We find no significant difference between section 295-1 of the Code of Criminal Procedure, applicable here, and the notice-of-alibi statute of the State of Oregon held unconstitutional by the United States Supreme Court in Wardius v. Oregon (412 U.S. 470). Accordingly we hold section 295-1 unconstitutional.

We recognize, however, "the principle that in criminal...

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