PEOPLE v. DOE


52 A.D.2d 626 (1976)

The People of the State of New York, Respondent, v. John Doe, Also Known as Nicholas Abate, Appellant

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

April 19, 1976


Order and judgment reversed, on the law and the facts, motion to suppress granted, and indictment dismissed.

At the hearing on the motion to suppress, two police officers testified that, at 10:15 P.M. on February 16, 1972, upon responding to a radio call to investigate a truck at a certain location in Queens, they found an unmarked trailer backed up against a vacant store. The store was set back about 20 feet from the sidewalk and part of the trailer extended into...

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