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PEOPLE v. MOSELY

94 Misc.2d 614 (1978)

The People of the State of New York, Plaintiff, v. James Mosely, Defendant.

Supreme Court, New York County.

May 16, 1978

Attorney(s) appearing for the Case

Diller, Schmukler & Asness (Martin L. Schmukler of counsel), for defendant. Sterling Johnson, Special Assistant District Attorney (Lewis A. Halpern of counsel), for plaintiff.

E. LEO MILONAS, J.

The defendant, along with two other individuals, was indicted on February 24, 1977 for the crimes of conspiracy in the first degree and attempted possession of a controlled substance in the first degree. The second count, however, was dismissed by order of the court on March 8, 1978 as part of its decision on defendant's omnibus motion. At that time, the court denied the request to controvert an eavesdropping warrant

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