PEOPLE v. JONES


81 A.D.2d 22 (1981)

The People of the State of New York, Respondent, v. Donald Jones, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 26, 1981


Attorney(s) appearing for the Case

Joel S. Ezra for appellant, and appellant pro se.

Eugene Gold, District Attorney (A. David Stern of counsel), for respondent.

HOPKINS, J. P., LAZER and GIBBONS, JJ., concur.


GULOTTA, J.

This appeal requires us to consider whether a claim based upon an alleged lack of probable cause to arrest an individual is available on appeal as a ground for the suppression of statements held to be voluntary and admissible by the hearing court. We hold that the issue of probable cause, raised tentatively but never pursued at a suppression hearing devoted almost entirely to Fifth Amendment concerns...

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