People v. Martin

Abraham N. Geller,

J. Defendant, a doctor, charged with the crime of abortion in 27 counts, moves to dismiss the indictment or, in the alternative, to suppress the evidence as to all counts or, in any event, counts 2 to 27 inclusive, on the ground that they are predicated upon an unconstitutional and illegal search and seizure.

It was stipulated on argument of the motion that the Justice presiding in the arraignment part, where the motion was returnable, pass on the constitutional question raised and, if further disposition was required, to refer it to the Justice presiding in the part to which…