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PEOPLE v. ELWELL

66 A.D.2d 172 (1979)

The People of the State of New York, Respondent, v. Steve J. Elwell, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

February 1, 1979

Attorney(s) appearing for the Case

Thomas E. Reilly for appellant.

D. Bruce Crew, III, District Attorney, for respondent.

SWEENEY and MIKOLL, JJ., concur with MAHONEY, P. J.; GREENBLOTT and HERLIHY, JJ., dissent and vote to affirm in an opinion by GREENBLOTT, J.

MAHONEY, P. J.

On February 18, 1977, Investigator Hancock received a telephone call at his residence at approximately 11:00 P.M. He recognized the caller as a confidential informant who had, in the past, provided him with information which he had personally verified as being reliable. The informant advised Investigator Hancock that one Steve Elwell and a female companion by the name of Joanne Smith would be operating...

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