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PEOPLE v. SERRANO

71 A.D.2d 258 (1979)

The People of the State of New York, Appellant, v. Anthony Serrano, Respondent

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

December 6, 1979

Attorney(s) appearing for the Case

Benjamin H. Green of counsel (Robert M. Pitler with him on the brief (Robert M. Morgenthau, District Attorney), for appellant.

Salvatore Canonico for respondent.

BIRNS, J. P., concurs with BLOOM, J., in an opinion; FEIN, J., concurs with BLOOM, J., and BIRNS, J. P.; LUPIANO, J., dissents in an opinion; YESWICH, J., dissents and concurs only with result reached in dissenting opinion by LUPIANO, J.

BLOOM, J.

On August 2, 1978, defendant was arrested in the hallway of a house on the lower east side. Initially, the contemplated charges were limited to criminal possession of a controlled substance in the seventh degree, criminally using drug paraphernalia in the second degree, criminally possessing a hypodermic instrument and unlawful possession of marihuana. However, a search of his vehicle which was parked...

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