Order reversed on the law and the facts and motion denied.
In our opinion, the findings of fact in the court below were against the weight of the evidence. The defendant was indicted for unlawful possession of a loaded zip gun, as a felony (Penal Law, § 1897). At the hearing on the motion, Patrolman Britton was the sole witness; he was called by the defendant. We find his testimony clear and convincing: (a) that the police never searched or even attempted to...
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