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PEOPLE v. SEYBOLD

216 A.D.2d 935 (1995)

629 N.Y.S.2d 561

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

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

June 9, 1995

Case held, decision reserved and matter remitted to Onondaga County Court for further proceedings in accordance with the following

Memorandum:

County Court erred in denying defendant's request for a Franks/Alfinito hearing (see, Franks v Delaware, 438 U.S. 154; People v Alfinito, 16 N.Y.2d 181) to challenge the veracity of the affiant's statements in the warrant...

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