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PEOPLE v. BRENES

53 A.D.2d 78 (1976)

The People of the State of New York, Respondent, v. Miguel Brenes, Appellant

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

July 6, 1976

Attorney(s) appearing for the Case

Lawrence Stern of counsel (Diller, Schmukler & Asness attorneys), for appellant.

Daniel J. Sullivan of counsel (Barbara Gonzo, with him on the brief; Mario Merola, District Attorney), for respondent.

CAPOZZOLI, J., concurs with MURPHY, J.; BIRNS, J., concurs in an opinion in which CAPOZZOLI, J., concurs; MARKEWICH, J. P., and NUNEZ, J., dissent in an opinion by NUNEZ, J.

MURPHY, J.

After receiving certain information from allegedly reliable informants, defendant became the target of a narcotics investigation in December, 1971. It was ascertained that he resided in a particular apartment in The Bronx and was also the probable tenant of another one, two floors above his actual residence. An eavesdropping warrant was obtained from a Supreme Court Justice in April, 1972, and a search...

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