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PEOPLE v. HINTON

45 N.Y.2d 941 (1978)

The People of the State of New York, Respondent, v. Larry Hinton, Appellant.

Court of Appeals of the State of New York.

Decided October 31, 1978.

Attorney(s) appearing for the Case

Martin Gedulgig for appellant.

John J. Santucci, District Attorney (Joan L. Craig of counsel), for respondent.

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.

Order reversed, conviction and plea vacated, motion to suppress granted and case remitted to Supreme Court, Queens County, for further proceedings on the indictment on the dissenting memorandum by Mr. Justice VINCENT D. DAMIANI at the Appellate Division (55 AD2d, at p 657; see, also, People v Grant, 45 N.Y.2d 366; People v Buxton, 44 N.Y.2d 33

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