The People of the State of New York, Appellant,
v.
Robert F. Bittner, Respondent
Appellate Division of the Supreme Court of the State of New York, Second Department.https://leagle.com/images/logo.png
November 14, 1983
November 14, 1983
Attorney(s) appearing for the Case
John J. Santucci, District Attorney (Jeanette Lifschitz and Richard G. Denzer of counsel), for appellant.
Peter M. Wolf for respondent.
GIBBONS, J. P., and O'CONNOR, J., concur with WEINSTEIN, J.; BROWN, J., dissents and votes to affirm the order insofar as appealed from, with an opinion.
Appellate Division of the Supreme Court of the State of New York, Second Department.
WEINSTEIN, J.
Respondent and his wife1 were indicted for criminal possession of a controlled substance in the fifth degree emanating from an incident which occurred on or about January 31, 1981, when, acting in concert with another person, they allegedly knowingly and unlawfully possessed a quantity of Phencyclidine (i.e., angel dust) with intent to sell same. Following a hearing upon defendants' motion to suppress certain...
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