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People v. Estrada

23 N.Y.2d 719 Court N.Y. Decision date 1968-11-27 English

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p. 719
The People of the State of New York, Respondent, v. Orlando Estrada, Appellant.
Argued October 16, 1968;
decided November 27, 1968.
p. 720
Robert L. Walker and Anthony F. Marra for appellant.
Elliott Golden, Acting District Attorney (J. Mitchell Rosenberg of counsel), for respondent.

Order affirmed; no opinion.

Concur: Judges Burice, Scileppi, Bergan, Keating, Breitel and Jasen. Chief Judge Fuld dissents and votes to reverse and to reinstate the order of Criminal Term granting defendant’s motion to suppress on the ground that a person charged with possession of contraband at the time of an unlawful search and seizure is necessarily a ‘ ‘ person * * * aggrieved” (Code Crim. Pro., § 813-c) by such illegal conduct even though he may not have had physical custody of the property. (See Jones v. United States, 362 U. S. 257 , 263-264.)

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