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PEOPLE v. BRANCH

54 A.D.2d 90 (1976)

The People of the State of New York, Respondent, v. Alvarado Branch, Appellant

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

October 19, 1976

Attorney(s) appearing for the Case

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

Jane Deutscher of counsel (Robert M. Morgenthau, District Attorney), for respondent.

MARKEWICH, LUPIANO and LYNCH, JJ., concur with STEVENS, P. J.; SILVERMAN, J., concurs in result only.

STEVENS, P. J.

Defendant, who is currently free on parole, appeals from a judgment rendered February 14, 1974, in Supreme Court, New York County (SCHWARTZ, J.), which convicted him upon a jury verdict of possession of a weapon as a felony and sentenced him to a three-year indeterminate term of imprisonment.

At the hearing held on defendant's motion to suppress the pistol and ammunition seized at the time...

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