PEOPLE v. DIAZ


41 A.D.2d 382 (1973)

The People of the State of New York, Respondent, v. Luis Diaz, Appellant

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

May 8, 1973.


Attorney(s) appearing for the Case

Otto F. Fusco for appellant.

Jeffrey Philip Sinensky of counsel (George S. Stone with him on the brief; Mario Merola, District Attorney), for respondent.

McGIVERN, J. P., and KUPFERMAN, J., concur with TILZER, J.; MURPHY, J., dissents in an opinion in which NUNEZ, J., concurs.


TILZER, J.

On a hot day in June, the attention of three narcotics officers was drawn to a certain gypsy cab. There was one person (later identified as Emeridiano Santiago) seated in the back seat, the windows were closed and the cab's doors were locked. Upon closer inspection the officers spotted a loaded .25 caliber revolver lying in open view on the driver's seat. Santiago was ordered to unlock the door and...

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