PEOPLE v. COLES


48 A.D.2d 345 (1975)

The People of the State of New York, Respondent, v. Chester Coles, Appellant

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

June 26, 1975


Attorney(s) appearing for the Case

Morton Brauer for appellant.

Judith K. Rubinstein of counsel (T. James Bryan with her on the brief; Robert M. Morgenthau, District Attorney), for respondent.

STEVENS, P. J., and TILZER, J., concur with MURPHY, J.; CAPOZZOLI, J., dissents in an opinion in which KUPFERMAN, J., concurs.


MURPHY, J.

Defendant was indicted for possession of a weapon as a felony and criminal possession of stolen property in the second degree. The latter count was dismissed on motion of the People. After denial of his motion to suppress the gun, defendant pleaded guilty to the first count and was sentenced to an indeterminate term of imprisonment not to exceed three years. On appeal defendant argues that the suppression...

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