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PEOPLE v. SHEPHARD

77 A.D.2d 502 (1980)

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

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

July 3, 1980

Reversed, on the law, the facts and in the exercise of discretion in the interests of justice, the plea and sentence vacated and the matter remanded for new suppression hearing.

Defendant-appellant entered a plea of guilty after the denial of his motion to suppress physical evidence, including an alleged methadone bottle which was never introduced into evidence or produced at the hearing, notwithstanding that it was continually...

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