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PEOPLE v. GAMBINO

35 N.Y.2d 932 (1974)

The People of the State of New York, Respondent, v. Thomas Gambino, Appellant.

Court of Appeals of the State of New York.

Decided December 20, 1974.

Attorney(s) appearing for the Case

Douglas P. Rutnik, Public Defender (Joseph M. Brennan of counsel), for appellant.

Ralph W. Smith, Jr., District Attorney (John A. Williamson, Jr. of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, RABIN and STEVENS concur.

MEMORANDUM.

Order reversed and the indictment dismissed. The certificate of release executed by the defendant, a parolee, provided, inter alia, that he would not purchase, own or possess firearms of any nature, and that he consented to a search by representatives of the Board of Parole at any time, of his person, residence, or any property or premises under his control. Search of an apartment at No. 576 Madison Avenue...

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