PEOPLE v. BUFFOLINO


48 A.D.2d 904 (1975)

The People of the State of New York, Respondent, v. Pasquale Buffolino, Appellant

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

June 23, 1975


Judgment and order reversed, on the law, motion to suppress granted and indictment dismissed.

Defendant, seated in the driver's seat of his parked automobile, was observed by police officers on motor patrol reaching his arm into the window of the "passenger side" of a car double-parked next to his. A man was seated in the passenger seat (alongside the driver's seat) of the double-parked car. The officer driving the patrol car, Patrolman Kelly, observed a paper bag...

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