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PEOPLE v. SPINELLI

42 A.D.2d 64 (1973)

The People of the State of New York, Appellant, v. Albert Spinelli, Respondent

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

June 25, 1973.

Attorney(s) appearing for the Case

Robert R. Meehan, District Attorney (Thomas E. Urell of counsel), for appellant.

Grune & Bell (Herbert H. Bell of counsel), for respondent.

HOPKINS, Acting P. J., MUNDER and CHRIST, JJ., concur with SHAPIRO, J.; GULOTTA, J., dissents and votes to affirm, with an opinion.

SHAPIRO, J.

The People appeal from an order suppressing a warrantless seizure of a stolen 1967 "International" truck located in open and plain view on the defendant's business premises. The defendant has been indicted for criminal possession of the stolen property (the truck) in the first degree (Penal Law, § 165.50).

In September, 1971 the hijacking of two trucks was reported to the F. B. I. in...

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