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PEOPLE v. McLAURIN

43 N.Y.2d 902 (1978)

The People of the State of New York, Appellant, v. Robert McLaurin, Respondent.

Court of Appeals of the State of New York.

Decided February 14, 1978.

Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney (Richard M. Seltzer, Peter L. Zimroth and Robert M. Pitler of counsel), for appellant.

Carol Berkman and William E. Hellerstein for respondent.

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and COOKE. Judge FUCHSBERG dissents and votes to affirm in the following opinion.

Order reversed on the dissenting opinion by Mr. Justice EMILIO NUNEZ at the Appellate Division (56 AD2d, at pp 84-85; see, also, People v Kinlock, 43 N.Y.2d 832) and the case remitted to the Appellate Division, First Department, for review of the facts.

FUCHSBERG, J. (dissenting).

In my view, the order of the Appellate Division, which suppressed the avails of...

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