PEOPLE v. VAN HORN


76 A.D.2d 378 (1980)

The People of the State of New York, Respondent, v. Alan Van Horn and Paul Nissen, Appellants

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

July 28, 1980


Attorney(s) appearing for the Case

Gerald B. Lefcourt and Charles L. Weintraub (Richard Ware Levitt of counsel), for appellants.

Patrick Henry, District Attorney (Vincent A. Malito of counsel), for respondent.

COHALAN, MARTUSCELLO and O'CONNOR, JJ., concur.


TITONE, J. P.

In a one-count indictment appellants were accused of criminal possession of marihuana in the first degree (Penal Law, § 221.30) resulting from the discovery of 14,000 pounds of marihuana by Coast Guard officials on the sailboat, the Scott Bader. The boat was boarded by such officials without a search warrant in Block Island Sound (near the...

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