PEOPLE v. ODEN


36 N.Y.2d 382 (1975)

The People of the State of New York, Appellant, v. Katie Oden, Respondent.

Court of Appeals of the State of New York.

Decided April 3, 1975.


Attorney(s) appearing for the Case

Richard H. Kuh, District Attorney (Jonathan Lovett and Lewis R. Friedman of counsel), for appellant.

Bertrand J. Kahn and William E. Hellerstein for respondent.

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


COOKE, J.

The People appeal from an order of the Appellate Term which affirmed a Criminal Court order granting, after hearing, defendant's suppression motion regarding certain physical evidence, on the ground of lack of probable cause.

On October 5, 1973, Gervasi, a New York City patrolman assigned to the Special Narcotics Enforcement Unit, was in the vicinity of 118th Street and Seventh Avenue looking...

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