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PEOPLE v. JOHNSON

86 A.D.2d 165 (1982)

The People of the State of New York, Respondent, v. Thomas Johnson, Appellant

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

April 13, 1982

Attorney(s) appearing for the Case

Charles L. Weintraub for appellant.

Curtis Hall of counsel (Mark Dwyer with him on the brief; Robert M. Morgenthau, District Attorney, attorney), for respondent.

KUPFERMAN, J. P., SANDLER and SILVERMAN, JJ., concur with ASCH, J.; CARRO, J., dissents in an opinion.

ASCH, J.

Defendant was found guilty of criminal possession of a controlled substance in the second degree. Prior to trial, he had moved to suppress physical evidence that had been seized, as well as statements he had made at the time of his arrest. After hearing on February 24 and 25, 1981, Justice CLIFFORD A. SCOTT denied both motions.

Defendant claims that the police impermissibly searched the room where he was taken into custody, and that the...

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