PEOPLE v. FUSTANIO


35 N.Y.2d 196 (1974)

The People of the State of New York, Respondent, v. James Anthony Fustanio, Appellant.

Court of Appeals of the State of New York.

Decided October 7, 1974.


Attorney(s) appearing for the Case

Robert J. Hanna for appellant.

Ronald A. Cicoria, District Attorney, for respondent.

Chief Judge BREITEL and Judges GABRIELLI, JONES, RABIN and STEVENS concur with Judge WITMER; Judge WACHTLER dissents and votes to reverse in a separate opinion.


WITMER, J.

On this appeal defendant contends that the judgment should be reversed because the trial court erroneously denied his motion to suppress certain items of personal property which were subsequently introduced into evidence against him and resulted in his conviction of burglary. A review of the suppression hearing testimony discloses that at about midnight on November 15, 1971 Officer Haskins of the Livingston...

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