Judgments reversed, on the law, and new trial ordered, with leave to defendant, if he be so advised, to make a motion before trial to controvert the search warrant, the execution of which underlies his conviction for criminal possession of a controlled substance in the fifth degree (i.e., the marihuana conviction). No issue has been presented with respect to the facts. Pursuant to Kings County Indictment No. 7403/1973, defendant and his wife, Olga, were charged with the possession...
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