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PEOPLE v. JAMES

47 N.Y.2d 830 (1979)

The People of the State of New York, Respondent, v. Van James, Appellant.

Court of Appeals of the State of New York.

Decided May 31, 1979.

Attorney(s) appearing for the Case

Erica Horwitz and William E. Hellerstein for appellant.

Robert M. Morgenthau, District Attorney (Jerrold Tannenbaum and Robert M. Pitler of counsel), for respondent.

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

Order reversed, motion to suppress granted, plea vacated and case remitted to Supreme Court, New York County, for further proceedings on the indictment for reasons stated in the dissenting memorandum by Mr. Justice JOSEPH P. SULLIVAN at the Appellate Division (64 A.D.2d 536

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