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PEOPLE v. PENA

18 N.Y.2d 837 (1966)

The People of the State of New York, Respondent, v. Barnabel Pena, Appellant.

Court of Appeals of the State of New York.

Decided October 27, 1966.

Attorney(s) appearing for the Case

Eugene Rodriguez for appellant.

Frank S. Hogan, District Attorney (H. Richard Uviller and Michael R. Stack of counsel), for respondent.

Louis J. Lefkowitz, Attorney-General (Samuel A. Hirshowitz and Barry Mahoney of counsel), amicus curiæ.

Leonard Rubenfeld, District Attorney (Benj. J. Jacobson, James J. Duggan and Francis J. Valentino of counsel), for New York District Attorneys Association, amicus curiæ.

Isidore Dollinger, District Attorney of Bronx County (Roy Broudny and Peter R. De Filippi of counsel), amicus curiæ.

Judges VAN VOORHIS, BURKE, SCILEPPI, BERGAN and KEATING concur in Memorandum; Chief Judge DESMOND and Judge FULD dissent and vote to reverse upon the dissenting opinion in People v. McQueen (, decided herewith) and reach no other question.

MEMORANDUM.

The evidence obtained pursuant to the search warrant was properly received into evidence; there was no need to disclose the informer's identity (People v. Valentine, 17 N.Y.2d 128; People v. White, 16 N.Y.2d 270; People v. Malinsky, 15 N.Y.2d 86). The statements made at the scene were...

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