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PEOPLE v. MORRIS

59 A.D.2d 153 (1977)

The People of the State of New York, Appellant, v. Thomas Morris, Respondent

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

October 3, 1977

Attorney(s) appearing for the Case

Henry J. Steinglass of counsel (Peter L. Zimroth and Robert M. Pitler with him on the brief; Robert M. Morgenthau, District Attorney), for appellant.

Stuart Serota for respondent.

SILVERMAN, J. P., EVANS, CAPOZZOLI and LYNCH, JJ., concur.

Per Curiam.

The facts are that in February, 1974, defendant, a police officer, swore in a felony complaint that on February 23, 1974, he found in one William Benjamin's possession a loaded gun and cocaine. On March 4 at a preliminary hearing and before a Grand Jury on March 11, he testified that he entered Benjamin's premises, saw him with a gun, arrested him, searched him and found cocaine. On March 27, 1974 he told...

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