PEOPLE v. PAGLIARULO


41 A.D.2d 563 (1973)

The People of the State of New York, Respondent, v. Richard Pagliarulo, Appellant

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

January 22, 1973


Judgment and order reversed, on the law and the facts, motion to suppress granted, and third count of indictment dismissed.

Defendant contends only that the trial court should have granted his motion to suppress as evidence a loaded revolver found under the driver's seat of an automobile in which he had been a passenger. The testimony at the suppression hearing disclosed the following: At 9:50 P.M. on May 6, 1969 two police officers on motor patrol were approached...

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