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PEOPLE v. MCLAURIN

56 A.D.2d 80 (1977)

The People of the State of New York, Respondent, v. Robert McLaurin, Appellant

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

February 10, 1977

Attorney(s) appearing for the Case

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

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

BIRNS, J., concurs with LUPIANO, J.; MURPHY, J., concurs in the result only. KUPFERMAN, J. P., and NUNEZ, J., dissent in an opinion by NUNEZ, J.

LUPIANO, J.

A hearing was held pursuant to defendant's motion to suppress physical evidence (i.e., the gun which was seized from him at the time of his arrest) as well as certain statements made by him at the time of his arrest. The evidence at the hearing was as follows: Officer Colleran testified that while on duty in a patrol car he received a radio report that there was a black man with a gun entering a red...

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