PEOPLE v. BENITEZ


76 A.D.2d 196 (1980)

The People of the State of New York, Respondent, v. George Benitez, Appellant

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

July 10, 1980


Attorney(s) appearing for the Case

Raymond J. Aab of counsel (George R. Mayer, attorney), for appellant.

Kenneth Larywon of counsel (Alan D. Marrus with him on the brief; Mario Merola, District Attorney, attorney), for respondent.

FEIN, MARKEWICH and CARRO, JJ., concur with BIRNS, J. P.; LUPIANO, J., dissents in an opinion.


BIRNS, J.

The actions of police officers in seizing evidence in defendant's apartment without a warrant and without consent and thereafter questioning the defendant who was represented by counsel in a criminal proceeding requires reversal and a new trial.

At trial, the defendant was identified as one of three men who participated in a robbery of a real estate office located on the Grand Concourse in the...

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