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PEOPLE v. SCAVONE

59 A.D.2d 62 (1977)

The People of the State of New York, Appellant, v. Michael R. Scavone et al., Respondents

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

August 4, 1977

Attorney(s) appearing for the Case

Pierce H. Russell, District Attorney (Ira Mendleson, III, of counsel), for appellant.

E. Stewart Jones for Michael R. Scavone, respondent.

Kevin Engel for Clare S. Nichols, respondent.

KOREMAN, P. J., SWEENEY, LARKIN and MIKOLL, JJ., concur.

MAHONEY, J.

Defendants moved to suppress amounts of heroin, methadone, marijuana, amphetamine and certain drug paraphernalia seized on April 27, 1975 at their house pursuant to a search warrant on the ground the supporting affidavit failed to establish probable cause. Defense motions pursuant to People v Darden (34 N.Y.2d 177) and People v Alfinito (

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