Judgment as to counts one, two and three of the indictment unanimously reversed, on the law and facts, and a new trial granted, and otherwise judgment affirmed.
Memorandum:
Defendant, together with three other persons, occupied the upstairs apartment of a two-family dwelling in Rochester, New York. On September 18, 1973, acting pursuant to a warrant, the police searched the premises and seized several hypodermic instruments as well as numerous used glassine...
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