PEOPLE v. JEFFRIES


45 A.D.2d 6 (1974)

The People of the State of New York, Appellant, v. Anthony L. Jeffries, Respondent

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

May 30, 1974.


Attorney(s) appearing for the Case

Edward C. Cosgrove, District Attorney (John A. Joseph, III, of counsel), for appellant.

William A. Purks for respondent.

CARDAMONE and GOLDMAN, JJ., concur with WITMER, J. P.; MOULE and MAHONEY, JJ., dissent and vote to reverse the order and reinstate the indictment in an opinion by MOULE, J.


WITMER, J. P.

This is an appeal by the People from an order granting defendant's motion to suppress gambling items seized from his automobile when police officers stopped him during a routine traffic check.

The evidence upon the suppression hearing supports the hearing Judge's determination that the officers had no probable cause to search defendant's automobile and sealed envelopes therein to find the...

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