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PEOPLE v. MITCHELL

90 Misc.2d 463 (1977)

The People of the State of New York, Plaintiff, v. Gary Mitchell, Defendant.

Supreme Court, Criminal Term, Queens County.

May 9, 1977

Attorney(s) appearing for the Case

Lyon & Erlbaum (William Erlbaum of counsel), for defendant. John J. Santucci, District Attorney (Joseph F. Scheideler of counsel), for plaintiff.

ROSE L. RUBIN, J.

Significant questions relating to concurrent jurisdiction by State and Federal authorities over contraband seized during customs procedures conducted at Kennedy International Airport are raised by defendant's pretrial motions. Basically, defendant protests the jurisdictional validity of State prosecution where possession of contraband drugs is revealed in a border search upon entry into the...

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