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  5. 36 N.Y.2d 396 (1975)
 

PEOPLE v. NIEVES

36 N.Y.2d 396 (1975)

The People of the State of New York, Respondent, v. Jesus Nieves, Appellant.

Court of Appeals of the State of New York.

Decided March 26, 1975.

Attorney(s) appearing for the Case

Edwin Ira Schulman for appellant.

Henry G. Wenzel, III, District Attorney (Ronald E. Lipetz of counsel), for respondent.

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

FUCHSBERG, J.

Defendant was convicted, on his guilty plea, of the crime of attempted possession of gambling records (Penal Law, §§ 110.00, 225.15) in satisfaction of charges of promoting gambling, second degree (Penal Law, § 225.05) and possession of gambling records (Penal Law, § 225.15). He was charged and convicted on the basis of evidence seized from his person pursuant to a search warrant...

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