PEOPLE v. SCHWARTZ


52 N.Y.2d 1062 (1981)

The People of the State of New York, Respondent, v. Ben Schwartz, Appellant.

Court of Appeals of the State of New York.

Decided February 26, 1981.


Attorney(s) appearing for the Case

Joseph Panzer for appellant.

Robert M. Morgenthau, District Attorney (Daniel J. Castleman and Vivian Berger of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.


MEMORANDUM

On the record here, it was error to refuse to grant the application for a hearing on defendant's motion to controvert the search warrant. Therefore the order of the Appellate Division should be modified and the matter remitted to Supreme Court, New York County, to hold a hearing and determine the motion anew. In the event defendant prevails, the plea should be vacated and appropriate further proceedings ensue...

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