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PEOPLE v. NIEMCZYCKI

67 A.D.2d 442 (1979)

The People of the State of New York, Appellant, v. John Peter Niemczycki, Respondent

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

April 16, 1979

Attorney(s) appearing for the Case

Patrick Henry, District Attorney (Daniel J. Murphy of counsel), for appellant.

Shlimbaum, Gordon & Samuels (Howard J. Samuels of counsel), for respondent.

MOLLEN, P. J., SUOZZI and RABIN, JJ., concur.

MARTUSCELLO, J.

The People appeal from an order of the County Court, Suffolk County, which, after a hearing, granted the defendant's motion to suppress certain physical evidence seized upon the execution of a search warrant, including eight bags of plant material. The order should be modified, by deleting so much thereof as suppressed the eight bags of plant material and substituting therefor a provision denying...

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