PEOPLE v. DE VIVO


23 A.D.2d 753 (1965)

The People of the State of New York, Appellant, v. Paul De Vivo, Respondent

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

April 29, 1965


Order, entered February 25, 1964, granting after a hearing defendant's motion under section 813-c of the Code of Criminal Procedure to suppress use as evidence of a portable television set and an air conditioner in a criminal action for criminally buying and receiving stolen property, unanimously reversed, on the law and on the facts; the motion is denied insofar as it seeks suppression of the television set and the matter is otherwise remanded for a new hearing.

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