PEOPLE v. DREAD


49 A.D.2d 401 (1975)

The People of the State of New York, Respondent, v. Michael Dread, Appellant

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

November 20, 1975


Attorney(s) appearing for the Case

Michael Dread, appellant pro se.

Gerald M. Labush of counsel (Robert M. Pitler with him on the brief; Robert M. Morgenthau, District Attorney), for respondent.

STEVENS, P. J., MARKEWICH and KUPFERMAN, JJ., concur with LUPIANO, J.; MURPHY, J., dissents in opinion.


LUPIANO, J.

On March 1, 1973, defendant was arrested for possessing five and one-half pounds of heroin. By an indictment filed March 16, 1973, defendant was charged with criminal possession of a dangerous drug in the first degree. His motion to suppress was denied on May 24, 1973 after a hearing. Following a jury trial, defendant was convicted of the crime charged in the indictment.

In sum and substance...

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