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PEOPLE v. MALINSKY

19 N.Y.2d 262 (1967)

The People of the State of New York, Respondent, v. Morris Malinsky, David Lustigman and Robert Felt, Appellants.

Court of Appeals of the State of New York.

Determination withheld January 7, 1965.

Motion submitted February 13, 1967.

Decided March 2, 1967.

Attorney(s) appearing for the Case

Maurice Edelbaum for motion.

No one opposed.

Chief Judge FULD and Judges VAN VOORHIS, BURKE, SCILEPPI and BERGAN concur; Judges KEATING and BREITEL taking no part.

Per Curiam.

Upon the hearing which we directed when this case was previously before us (15 N.Y.2d 86), the People declined to disclose the name of the informer, offered no evidence of his reliability and failed to adduce any other evidence sufficient to establish the existence of probable cause for the arrests of the defendants (52 Misc.2d 717

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