PEOPLE v. SUTTELL


109 A.D.2d 249 (1985)

The People of the State of New York, Respondent, v. James C. Suttell, Appellant

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

July 12, 1985


Attorney(s) appearing for the Case

Clark J. Zimmermann for appellant.

Ronald L. Fancher (Robert Noonan of counsel), for respondent.

CALLAHAN, BOOMER, GREEN and SCHNEPP, JJ., concur.


DILLON, P. J.

On his plea of guilty to criminal possession of a controlled substance in the fifth degree, defendant was sentenced on May 27, 1983 to a five-year period of probation. The court imposed several conditions of probation, among which were that he refrain from the possession or use of narcotic drugs and that he permit his probation officer "to search [his] person and premises for illegal drugs."

In early October 1983, defendant's probation...

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