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PEOPLE v. SIMON

118 Misc.2d 745 (1983)

The People of the State of New York, Plaintiff, v. David Simon, Defendant. The People of the State of New York, Plaintiff, v. Diana Schofield, Defendant.

Supreme Court, Monroe County.

April 15, 1983

Attorney(s) appearing for the Case

Christopher J. Enos for Diana Schofield, defendant. Anthony F. Leonardo, Jr., for David Simon, defendant. Donald O. Chesworth, Jr., District Attorney (Melvin Bressler of counsel), for plaintiff.

DAVID O. BOEHM, J.

In this case dealing with an issue of apparent first impression in New York, the defendants move to suppress property seized in an apartment at 239 Pearl Street in Rochester, New York, on September 21, 1982, pursuant to a search warrant. The primary ground advanced by the defendants on this motion is that there was insufficient information presented to the issuing magistrate to establish...

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