PEOPLE v. GARAFOLO


44 A.D.2d 86 (1974)

The People of the State of New York, Respondent, v. Gaspare Garafolo, Appellant

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

March 25, 1974.


Attorney(s) appearing for the Case

Gerald L. Shargel (James M. La Rossa of counsel), for appellant.

Michael Armstrong, District Attorney (Cornelius O'Brien of counsel), for respondent.

GULOTTA, P. J., SHAPIRO and CHRIST, JJ., concur in Per Curiam opinion; LATHAM and BENJAMIN, JJ., dissent and vote to affirm, with an opinion.


Per Curiam.

Following the denial of a motion to suppress evidence allegedly obtained as the result of an unlawful search and seizure, the defendant pleaded guilty to possession of a quantity of untaxed cigarettes as a felony and to possession of a weapon as a misdemeanor. He received a six-month jail sentence on the felony and was fined $1,000 on the gun charge. The appeal is from the judgment of conviction.

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