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PEOPLE v. SIMON

107 A.D.2d 196 (1985)

The People of the State of New York, Respondent, v. David Simon, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

March 1, 1985

Attorney(s) appearing for the Case

Anthony F. Leonardo, Jr., for appellant.

Howard R. Relin, District Attorney (Elizabeth Clifford of counsel), for respondent.

DENMAN, BOOMER and O'DONNELL, JJ., concur with DILLON, P. J.; GREEN, J., concurs in the result in a separate opinion.

DILLON, P. J.

On September 21, 1982 at about 12:15 A.M., police officers, acting pursuant to a no-knock search warrant, entered and searched the apartment of one Diana Schofield at 239 Pearl Street in the City of Rochester. No one was present in the apartment when the police entered. They seized a large quantity of dynamite, as well as detagel, blasting caps and other items. At trial it was established that...

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