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PEOPLE v. BETHEA

67 N.Y.2d 364 (1986)

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

Court of Appeals of the State of New York.

Decided May 13, 1986.

Attorney(s) appearing for the Case

Sheryl M. Gross and Philip L. Weinstein for appellant.

Robert M. Morgenthau, District Attorney (Eleanor J. Ostrow and Joyce P. Adolfsen of counsel), for respondent.

Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER and HANCOCK, JR., concur in Per Curiam opinion; Judge TITONE taking no part.

Per Curiam.

This appeal presents the question whether in view of the possible inconsistency between our decision in People v Chapple (38 N.Y.2d 112) and that of the Supreme Court in Oregon v Elstad (470 U.S. 298) the rule declared by us in Chapple remains viable. We conclude that the mandate of NY Constitution, article I, § 6 that...

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