PEOPLE v. EVANS


52 A.D.2d 32 (1976)

The People of the State of New York, Respondent, v. Allen Evans, Appellant

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

April 15, 1976


Attorney(s) appearing for the Case

Nathaniel A. Barrell (Henrietta Wolfgang and Craig Peterson of counsel), for appellant.

Edward C. Cosgrove (John DeFranks of counsel), for respondent.

MARSH, P. J., and WITMER, J., concur with DILLON, J.; SIMONS and GOLDMAN, JJ., dissent and vote to reverse judgment and grant a new trial, in an opinion by SIMONS, J.


DILLON, J.

Defendant appeals from a judgment convicting him of criminal sale of a dangerous drug in the third degree. He contends that testimony of his possession of three $10 bills was improperly received against him and should have been excluded as being the product of an unconstitutional search. The issue is whether a police officer, in the circumstances here, may testify concerning observations made by him...

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