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STATE v. MALKIN

No. 7508.

678 P.2d 1356 (1984)

STATE of Alaska, Appellant, v. Constantine MALKIN, Appellee.

Court of Appeals of Alaska.

March 9, 1984.

Attorney(s) appearing for the Case

Richard W. Maki, Asst. Atty. Gen., Office of Special Prosecutions and Appeals, Anchorage, and Norman C. Gorsuch, Atty. Gen., Juneau, for appellant.

Charles R. Pengilly, Asst. Public Defender, Fairbanks, and Dana Fabe, Public Defender, Anchorage, for appellee.

Before BRYNER, C.J., and COATS and SINGLETON, JJ.

OPINION

COATS, Judge.

Constantine Malkin was charged with possession of cocaine in violation of former AS 17.10.010. Malkin moved to suppress evidence seized pursuant to a search warrant.1 The motion was granted, and the case was dismissed by Superior Court Judge Jay Hodges. The state now appeals that dismissal.

On March 9, 1982, Trooper Rod Harvey obtained a search warrant based on his own affidavit to search Malkin...

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