PEOPLE v. COFIELD


55 A.D.2d 113 (1976)

The People of the State of New York, Respondent, v. Willie Cofield, Appellant

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

December 21, 1976


Attorney(s) appearing for the Case

Carol Berkman of counsel (William E. Hellerstein and William J. Gallagher, attorneys), for appellant.

Peter L. Zimroth of counsel (Robert M. Gross with him on the brief; Robert M. Morgenthau, District Attorney), for respondent.

LUPIANO, BIRNS and CAPOZZOLI, JJ., concur with LANE, J.; MURPHY, J. P., dissents in an opinion.


LANE, J.

Willie Cofield pleaded guilty to possession of a weapon as a felony after the denial of a motion to suppress physical evidence. He was sentenced to a five-year term of probation. On this appeal, review is sought of the correctness of the denial of that motion.

The testimony at the hearing came solely from the mouth of a Patrolman Kelly who, on the date in question (July 3, 1974), was assigned...

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