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PEOPLE v. BROWN

46 A.D.2d 590 (1975)

The People of the State of New York, Respondent, v. Albert Brown, Appellant

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

February 20, 1975.

Attorney(s) appearing for the Case

Stephan H. Peskin of counsel (Rothblatt, Rothblatt, Seijas & Peskin, attorneys), for appellant.

Jane Bilus Gould of counsel (Jo-Lynne Lee with her on the brief; Mario Merola, District Attorney), for respondent.

McGIVERN, P. J., and LUPIANO, J., concur in Per Curiam opinion; KUPFERMAN, J., concurs in an opinion; MURPHY, J., dissents in an opinion.

Per Curiam.

In affirming this plea of guilty, we note that following the warrant search, the defendant was apprehended along with four other persons on the premises, wherein there were also found 147 grams of cocaine, 1 and 6/7 pounds of heroin, two .38 caliber pistols, various drug paraphernalia, and $4,775 in United States currency. And we find that there was probable cause for the issuance of the warrant and substantial...

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