PEOPLE v. WYNN


54 A.D.2d 366 (1976)

The People of the State of New York, Respondent, v. Donald Wynn, Appellant

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

November 22, 1976


Attorney(s) appearing for the Case

Herbert Kramer for appellant.

Eugene Gold, District Attorney (Eugene H. Scher of counsel), for respondent.

RABIN, TITONE and HAWKINS, JJ., concur with MARGETT, J.; LATHAM, Acting P. J., dissents and votes to affirm the judgment, with an opinion.


MARGETT, J.

This appeal raises the question of what standards are to be applied in the consideration of a motion to suppress physical evidence where a defendant has been frisked largely upon the basis of information received on a police radio call.

On February 1, 1974, while on a regular tour of duty in a radio patrol car in Brooklyn, Police Officer Anthony Curcio received a call over the police radio...

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