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PEOPLE v. COPELAND

82 Misc.2d 12 (1975)

The People of the State of New York, Appellant, v. Don Copeland, Respondent.

Supreme Court, Appellate Term, Second Department.

May 29, 1975

Attorney(s) appearing for the Case

Denis Dillon, District Attorney (Richard A. Librett of counsel), for appellant. James J. McDonough (Matthew Muraskin and Eugene Murphy of counsel), for respondent.

FARLEY and PITTONI, JJ., concur in memorandum; HOGAN, P. J., dissents in separate memorandum.

MEMORANDUM.

Order reversed on the law and motion to suppress denied.

Defendant was arrested for being an unlicensed operator (Vehicle and Traffic Law, § 509). A search of his person revealed a hypodermic instrument as well as heroin. He moved to suppress the evidence and the motion was granted (see 77 Misc.2d 649), resulting in this appeal by the People.

In People...

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