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PEOPLE v. BATTAGLIA

56 N.Y.2d 558 (1982)

The People of the State of New York, Respondent, v. John A. Battaglia, Appellant.

Court of Appeals of the State of New York.

Decided March 25, 1982.

Attorney(s) appearing for the Case

Joseph A. Shifflett, Rose H. Sconiers and Joseph B. Mistrett for appellant.

Edward C. Cosgrove, District Attorney (John J. De Franks and Dennis C. Vacco of counsel), for respondent.

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

Order reversed, defendant's motion to suppress granted, and a new trial ordered for the reasons stated in the dissenting opinion of Justice STEWART F. HANCOCK, JR., at the Appellate Division (82 A...

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