PEOPLE v. JULIAN


54 A.D.2d 76 (1976)

The People of the State of New York, Respondent, v. Michael Julian, Also Known as Castro Ramos, Appellant

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

October 12, 1976


Attorney(s) appearing for the Case

Diana A. Steele of counsel (William E. Hellerstein and William J. Gallagher, attorneys), for appellant.

Jane Deutscher of counsel (Robert M. Pitler with her on the brief; Robert M. Morgenthau, District Attorney), for respondent.

MARKEWICH, J. P., MURPHY, BIRNS, SILVERMAN and CAPOZZOLI, JJ., concur.


Per Curiam.

Defendant appeals from a judgment convicting him, upon his plea of guilty following denial of his suppression motion, of possession of a weapon as a felony and sentencing him to a term of from 1 1/3 to 4 years, such sentence to run consecutively to a 3- to 8-year sentence imposed under an unrelated indictment. For the reasons hereinbelow stated we believe such conviction cannot be sustained since it rests solely on evidence obtained following an...

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