PEOPLE v. MATERA


45 Misc.2d 864 (1965)

The People of the State of New York, Respondent, v. Bruno Joseph Matera, Appellant.

Supreme Court, Appellate Term, First Department.

March 12, 1965


Attorney(s) appearing for the Case

Matthew H. Brandenburg for appellant. Frank S. Hogan, District Attorney (Eric A. Seiff of counsel), for respondent.

GOLD and CAPOZZOLI, JJ., concur in Per Curiam opinion; HOFSTADTER, J., dissents in opinion.


Per Curiam.

Judgment of conviction reversed on the law and on the facts and information dismissed. The court below erred in denying defendant's motion to suppress evidence seized without a warrant, without his consent and prior to his arrest which, indeed, was based upon possession of the articles obtained by the search. Defendant's response to a direction to empty his pockets during questioning by three special patrolmen who had apprehended him in a part of...

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