PEOPLE v. GORSLINE


47 A.D.2d 273 (1975)

The People of the State of New York, Respondent, v. Barry L. Gorsline, Appellant

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

April 3, 1975


Attorney(s) appearing for the Case

John H. Owen for appellant.

George S. Kepner, Jr., District Attorney, for respondent.

SWEENEY, MAIN and LARKIN, JJ., concur with GREENBLOTT, J.; HERLIHY, P.J., dissents and votes to affirm in an opinion.


GREENBLOTT, J.

The basis for this appeal is the alleged error of the trial court in its intermediate order of December 10, 1973 wherein, following a hearing, it denied defendant's motions to suppress a revolver and an oral confession allegedly made by defendant. Despite his plea of guilty, defendant's right to appeal is preserved by statute (CPL 710.70, subd 2).

At the suppression hearing, the People called two witnesses, Angellotti and Turner...

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