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  5. 80 N.Y.2d 578 (1992)
 

PEOPLE v. CASTILLO

80 N.Y.2d 578 (1992)

The People of the State of New York, Respondent, v. Juan Castillo, Appellant.

Court of Appeals of the State of New York.

Decided December 22, 1992.

Attorney(s) appearing for the Case

Susan Hofkin Salomon, New York City, and Philip L. Weinstein for appellant.

Robert M. Morgenthau, District Attorney of New York County, New York City (Nikki Kowalski and Mark Dwyer of counsel), for respondent.

Judges TITONE, BELLACOSA and SMITH concur with Acting Chief Judge SIMONS; Judge HANCOCK, JR., dissents and votes to reverse in a separate opinion in which Judge KAYE concurs.

Acting Chief Judge SIMONS.

Defendant has been convicted of criminal possession of a controlled substance in the second degree and criminal possession of a weapon in the fourth degree. The inculpating evidence was discovered after police executed a warrant based upon information supplied by a confidential informant authorizing a search of his apartment.

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