PEOPLE v. GOLDSMITH


76 A.D.2d 843 (1980)

The People of the State of New York, Respondent, v. Frank Goldsmith and Elaine Goldsmith, Appellants

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

June 2, 1980


Judgments reversed, on the law and the facts, pleas vacated and motion to suppress granted, except as to those items seized in defendants' garage pursuant to a search warrant issued by the First District Court, Suffolk County, on February 10, 1977 and the matters are remanded to the County Court, Suffolk County, for further proceedings not inconsistent herewith.

In our view, in light of the sharp dispute in the hearing testimony regarding the voluntary nature of the...

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