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PEOPLE v. JOHNSON

193 A.D.2d 35 (1993)

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

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

August 12, 1993

Attorney(s) appearing for the Case

Steven D. Kommor of counsel (Jeanne A. Olivo with him on the brief; Robert M. Morgenthau, District Attorney of New York County, attorney), for appellant.

James J. O'Rourke for respondent.

SULLIVAN, KASSAL and RUBIN, JJ., concur with ROSENBERGER, J.; MURPHY, P. J., dissents in a separate opinion.

ROSENBERGER, J.

The defendant was indicted for criminal possession of a controlled substance in the third and fourth degrees. In response to his motion to suppress physical evidence, a hearing was conducted at which Detectives John Barrett and Edward Clifford testified that they arrived at apartment 61 at 2400 Seventh Avenue on February 20, 1991, in response to an anonymous call informing the police that Michael...

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