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PEOPLE v. ALMESTICA

42 N.Y.2d 222 (1977)

The People of the State of New York, Appellant, v. Felix Almestica, Respondent. The People of the State of New York, Appellant, v. George Calderon, Also Known as Pedro Calderon, Respondent.

Court of Appeals of the State of New York.

Decided July 5, 1977.

Attorney(s) appearing for the Case

Mario Merola, District Attorney (Richard M. Joel of counsel), for appellant.

Jac M. Wolff for Felix Almestica, respondent.

Judges JASEN, GABRIELLI, JONES, and WACHTLER concur with Chief Judge BREITEL; Judge COOKE dissents and votes to affirm in a separate opinion in which Judge FUCHSBERG concurs.

Chief Judge BREITEL.

The People appeal from orders of the Appellate Division which reversed, on the law alone, defendants' joint convictions, after trial without jury, of robbery in the first degree and burglary in the first degree, and remanded the cases for new trials.

The issue is one of harmless error. At trial, evidence obtained during an unlawful search was improperly admitted. But, also at trial...

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