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PEOPLE v. CUNNINGHAM

50 A.D.2d 69 (1975)

The People of the State of New York, Respondent, v. Sheldon Cunningham, Appellant

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

December 15, 1975

Attorney(s) appearing for the Case

James J. McDonough (Eugene Murphy and Matthew Muraskin of counsel), for appellant.

Denis Dillon, District Attorney (Allan M. Stern and Anthony J. Girese of counsel), for respondent.

RABIN, Acting P. J., and MARGETT, J., concur with COHALAN, J.; MARTUSCELLO and MUNDER, JJ., dissent and vote to affirm the judgment.

COHALAN, J.

The defendant was indicted for criminal possession of a controlled substance in the fifth degree. He moved to suppress the evidence against him on constitutional grounds. The motion was denied after a hearing. He then interposed a plea of guilty to the crime of criminal possession of a controlled substance in the sixth degree, a class D felony. At issue on this appeal are questions of the propriety...

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