PEOPLE v. BALIAN


49 A.D.2d 94 (1975)

The People of the State of New York, Respondent, v. David Balian, Appellant

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

July 18, 1975


Attorney(s) appearing for the Case

Charles W. Avery for appellant.

Peter E. Corning, District Attorney, for respondent.

MARSH, P. J., MOULE, MAHONEY and GOLDMAN, JJ., concur.


WITMER, J.

Because of improper search and seizure of drugs which were thereafter used in connection with defendant's confession and trial to prove his guilt of their possession, the judgment of conviction must be reversed and a new trial granted.

Late on Christmas night, 1973 the police learned that a certain drugstore in Auburn had been burglarized. Acting on a "lead", they followed footprints in snow...

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