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PEOPLE v. PAYTON

84 Misc.2d 973 (1974)

The People of the State of New York, Plaintiff, v. Theodore Payton, Defendant.

Supreme Court, Trial Term, New York County.

June 4, 1974

Attorney(s) appearing for the Case

Sanford M. Katz for defendant. Richard H. Kuh, District Attorney (John H. Jacobs of counsel), for plaintiff.

HAROLD BIRNS, J.

The defendant moves for an order suppressing certain items taken by the People from his apartment.

At a hearing on this motion the sole witness was Detective Malfer. He testified that on January 12, 1970 at 8:40 A.M. a robbery occurred at a gas station at 1895 First Avenue and the manager was shot and killed. Detective Malfer was assigned to this case on that day. On January 14, 1970...

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