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PEOPLE v. FRANKLIN

46 A.D.2d 189 (1974)

The People of the State of New York, Respondent, v. Julian Franklin, Appellant

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

December 12, 1974.

Attorney(s) appearing for the Case

O'Connor & Kenny (Thomas J. O'Connor, Jr., of counsel), for appellant.

Pierce H. Russell, District Attorney (Peter R. Kehoe of counsel), for respondent.

HERLIHY, P. J., SWEENEY, KANE and REYNOLDS, JJ., concur.

MAIN, J.

On May 11, 1973, Officer William J. Morris of the New York State Police conducted a warrantless search of an automobile owned and operated by the defendant herein which he had followed into a motel parking lot because he had noticed that the driver's door of the vehicle had been damaged. According to the trooper's testimony at a suppression hearing, he observed a "roach clip" on a key ring which the...

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