Opinion
Argued January 21, 1970
Decided February 18, 1970
Appeal from the Supreme Court in the Second Judicial Department, DANIEL S. WEISS, P.J., LUDWIG C. GLOWA and ALBERT R. MURRAY, JJ., BENJAMIN H. SCHOR, P.J., DANIEL S. WEISS and ALBERT S. McGROVER, JJ., ROYAL S. RADIN, P.J., ALFRED J. CAWSE, JR. and JOHN F. FUREY, JJ.
Lewis B. Oliver, Jr. and Milton Adler for appellant.
John M. Braisted, Jr., District Attorney ( Norman C. Morse of counsel), for respondent.
Upon appeal from judgment entered December 15, 1967: Judgment reversed and information dismissed upon the ground that the record fails to indicate any probable cause for the seizure of the evidence and, since the defendant has already served his sentence, the information must be dismissed. ( People v. Kvalheim, 17 N.Y.2d 510.) No opinion.
Upon appeal from judgment entered December 14, 1966: Appeal dismissed as academic in view of the above disposition.
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.