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PEOPLE v. SMITH

46 A.D.2d 507 (1975)

The People of the State of New York, Respondent, v. Alfred Smith, Appellant

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

January 28, 1975.

Attorney(s) appearing for the Case

Carol Berkman of counsel (William E. Hellerstein and William J. Gallagher, attorneys), for appellant.

Peter Lushing of counsel (Richard H. Girgenti with him on the brief; Richard H. Kuh, District Attorney), for respondent.

KUPFERMAN, J. P., MURPHY and TILZER, JJ., concur.

LUPIANO, J.

The issue on this appeal is the propriety of the denial of defendant's motion to suppress the physical evidence of narcotics discovered on his person. It appears that at approximately 11:50 P.M. on January 2, 1973, a patrol car received a radio communication (based upon an anonymous phone call) that a robbery was in progress at premises 109 East 125th Street in Manhattan. No further specifics were...

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