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PEOPLE v. JOHNSON

44 A.D.2d 451 (1974)

The People of the State of New York, Appellant, v. Charles Johnson, Respondent

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

May 21, 1974.

Attorney(s) appearing for the Case

Mario Merola, District Attorney (Jared J. Scharf of counsel), for appellant.

Charles H. Goldstein for respondent.

MARKEWICH, J. P., and LANE, J., concur with LUPIANO, J.; STEUER, J., dissents in an opinion in which MURPHY, J., concurs.

LUPIANO, J.

On September 27, 1972, a search warrant was issued by a Judge of the District Court, Suffolk County, based upon an affidavit of a detective of the Suffolk County Police Department who alleged that he was advised by a reliable, confidential informant that the proceeds of a September 21, 1972 robbery of a local (i.e., Suffolk County) jewelry store were located at defendant's apartment in Bronx...

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