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PEOPLE v. SIMONE

48 A.D.2d 497 (1975)

The People of the State of New York, Respondent, v. Frank Simone, Also Known as Gerald Christy, Appellant

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

July 10, 1975

Attorney(s) appearing for the Case

David J. Gottlieb of counsel (William E. Hellerstein and William J. Gallagher, attorneys), for appellant.

Kenneth P. Kolson of counsel (Peter L. Zimroth and Robert M. Pitler with him on the brief; Robert M. Morgenthau, District Attorney), for respondent.

MARKEWICH, J. P., and TILZER, J., concur with LUPIANO, J.; KUPFERMAN and MURPHY, JJ., dissent in an opinion by MURPHY, J.

LUPIANO, J.

On August 21, 1972, defendant's car was stopped by a police officer for a "routine" license and registration check. Defendant handed the officer a forged driver's license and could not produce a registration for the car. He was arrested and searched. A loaded revolver was found in his coat pocket and illegal drugs were found in his car. After defendant's motion to suppress the forged driver's license...

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