PEOPLE v. GIBOYEAUX


49 A.D.2d 519 (1975)

The People of the State of New York, Respondent, v. Nelson Giboyeaux, Appellant

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

July 1, 1975


Prior to entry of the plea defendant moved to suppress the physical evidence, i.e., a gun, which had been seized from him. The motion was denied after a hearing. On appeal the People concede that the physical evidence should have been suppressed since it was discovered as a result of an unlawful seizure. We agree. Briefly, the facts are as follows: Defendant was a passenger in a 1962 Chevrolet which was being driven by Raymond Quinones. The automobile was stopped by two patrolmen...

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