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PEOPLE v. GERACE

55 A.D.2d 626 (1976)

The People of the State of New York, Appellant, v. Philip Gerace and Evan Eastman, Respondents, et al., Defendants

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

December 13, 1976

Orders reversed insofar as appealed from, on the law, and the said branches of the motions are denied.

There are no controverted questions of fact. In our opinion the affidavit in support of the search warrant was sufficient to establish probable cause (cf. People v Hanlon, 36 N.Y.2d 549).

Hopkins, Acting P. J., and Shapiro, J., dissent and vote to affirm the orders on the...

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