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PEOPLE v. WHITE

164 A.D.2d 413 (1991)

The People of the State of New York, Respondent, v. Walter White, Appellant

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

January 3, 1991

Attorney(s) appearing for the Case

Rona Feinberg of counsel (Nikki Kowalski with her on the brief; Robert M. Morgenthau, District Attorney, attorney), for respondent.

Mitchell Briskey of counsel (Paula Sharp with him on the brief; Philip L. Weinstein, attorney), for appellant.

SULLIVAN, J. P., and ROSS, J., concur with KASSAL, J.; ROSENBERGER and WALLACH, JJ., dissent in a separate opinion by WALLACH, J.

KASSAL, J.

During the early morning hours of Saturday, January 29, 1987, a plastic garbage bag containing a badly decomposed body was discovered in an elevator at 425 West 25th Street in Manhattan, and the police were notified. Directed by residents of the building to apartment 7B, where it was believed that drugs were being sold, two detectives went to the 7th floor to investigate. While finding nothing suspicious...

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