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PEOPLE v. PROCHILO

53 A.D.2d 196 (1976)

The People of the State of New York, Respondent, v. Joseph Prochilo, Appellant

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

July 6, 1976

Attorney(s) appearing for the Case

Cally & Cally (James J. Cally of counsel), for appellant.

Eugene Gold, District Attorney (Richard E. Mischel of counsel), for respondent.

RABIN and TITONE, JJ., concur with SHAPIRO, J.; HOPKINS, Acting P. J., dissents and votes to reverse the judgment, vacate the plea, grant the motion to suppress physical evidence and dismiss the indictment, in an opinion, in which MARTUSCELLO, J., concurs.

SHAPIRO, J.

This is an appeal by the defendant from a judgment of the Supreme Court, Kings County, rendered September 25, 1975, which convicted him, upon his plea of guilty, of possession of a weapon (as a class E felony); the appeal brings up for review the denial of defendant's motion to suppress the said weapon. We affirm.

The record discloses that while his partners (dressed in civilian clothes) were...

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