PEOPLE v. D'ABATE


37 N.Y.2d 922 (1975)

The People of the State of New York, Respondent, v. John D'Abate, Appellant.

Court of Appeals of the State of New York.

Decided November 3, 1975.


Attorney(s) appearing for the Case

Robert B. Sherman and William E. Hellerstein for appellant.

Robert M. Morgenthau, District Attorney (Norman Barclay, Peter L. Zimroth and T. James Bryan of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.


MEMORANDUM.

The order of the Appellate Division should be affirmed.

Defendant's automobile, illegally parked in a bus stop zone, was towed to a police pound. In the course of a search for the purpose of safeguarding any contents, examination of the glove compartment disclosed a loaded revolver which was removed. Thereafter in a nonjury trial, defendant was convicted of criminal possession of a weapon as a felony....

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