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PEOPLE v. McLAREN

62 N.Y.2d 730 (1984)

The People of the State of New York, Appellant, v. Leo McLaren, Respondent.

Court of Appeals of the State of New York.

Decided May 8, 1984.

Attorney(s) appearing for the Case

John J. Santucci, District Attorney (Catherine Lomuscio and Richard C. Denzer of counsel), for appellant.

David Samel and William E. Hellerstein for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur.

MEMORANDUM.

The order of the Appellate Term should be affirmed.

Although the court erred in holding that the People should have produced the undercover officer at the hearing (see People v Petralia, 62 N.Y.2d 47), its acceptance of the defendant's alternative argument, that under the circumstances the evidence seized in the premises could not be said to be in plain view,...

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