PEOPLE v. BANNISTER


112 Misc.2d 770 (1982)

The People of the State of New York, Plaintiff, v. Frank Bannister, Maurice Martinez and Marc Fisher, Defendants.

Supreme Court, Criminal Term, Queens County.

February 19, 1982


Attorney(s) appearing for the Case

John J. Santucci, District Attorney (William Sarro and Bonnie Cohen of counsel), for plaintiff. Joseph Miller for Frank Bannister, defendant. Markewich Rosenhaus Markewich & Friedman, P. C. (Daniel Markewich of counsel), for Maurice Martinez, defendant. Sakona, Ginsberg & Katsorhis (Jerome Ginsberg and Kerry J. Katsorhis of counsel), for Marc Fisher, defendant.


ARTHUR W. LONSCHEIN, J.

This case presents certain aspects of the law of search and seizure, not previously encountered in New York, with regard to "controlled deliveries" of previously seized contraband matter. The defendants were indicted for the crime of possession of marihuana in the first degree. They now move to suppress the physical evidence of that marihuana.

The essential facts are not in dispute and can be summarized briefly as follows...

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