PEOPLE v. BURNS


91 Misc.2d 1080 (1976)

The People of the State of New York, Plaintiff, v. John Burns, Defendant.

Supreme Court, Trial Term, Bronx County.

August 30, 1976


Attorney(s) appearing for the Case

Richard Klein for defendant. Mario Merola, District Attorney, (Walter Rich of counsel), for plaintiff.


HOWARD E. GOLDFLUSS, J.

In this motion to suppress, the court must determine if there is a concomitant right of an individual to refuse to respond to a police officer's right of inquiry. The defendant contends that he has such a right and that the seizure of evidence from his person was illegal because such seizure flowed from its exercise.

Officers Boyle and Velez, at the hearing on the motion, testified...

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