PEOPLE v. PORTER


44 A.D.2d 251 (1974)

The People of the State of New York, Respondent, v. Robert L. Porter, Appellant

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

April 18, 1974.


Attorney(s) appearing for the Case

Philip E. Parker for appellant.

Barbara J. Crum Neale of counsel (Mario Merola, District Attorney), for respondent.

MARKEWICH, J. P., MURPHY and LUPIANO, JJ., concur.


STEUER, J.

Case remitted to Trial Judge (BLOOM, J.) for hearing as directed in opinion herewith, and appeal from judgment of conviction entered January 3, 1973, Bronx County, held in abeyance pending determination of that hearing.

The defendant was convicted of possession of a dangerous drug and of a weapon as a misdemeanor. Both were obtained when police searched defendant's apartment pursuant to a warrant. The warrant was issued on the affidavit...

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