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PEOPLE v. BOODLE

47 N.Y.2d 398 (1979)

The People of the State of New York, Respondent, v. Hezekiah Boodle, Appellant.

Court of Appeals of the State of New York.

Decided June 14, 1979.

Attorney(s) appearing for the Case

Susan J. Penry-Williams and Robert E. De Right, Jr., for appellant.

Robert M. Morgenthau, District Attorney (Donna Krone and Robert M. Pitler of counsel), for respondent.

Chief Judge COOKE and Judges GABRIELLI and JONES concur with Judge WACHTLER; Judge FUCHSBERG dissents and votes to reverse in a separate opinion in which Judge JASEN concurs.

WACHTLER, J.

The defendant was charged with criminal possession of a weapon in the third degree, a felony (Penal Law, § 265.02) and criminal possession of a controlled substance in the seventh degree,* a misdemeanor (Penal Law, § 220.03). Claiming a violation of his constitutional rights the defendant sought to suppress evidence, a pistol and numerous packets of heroin....

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