PEOPLE v. PROCHILO


41 N.Y.2d 759 (1977)

The People of the State of New York, Respondent, v. Joseph Prochilo, Appellant. The People of the State of New York, Appellant, v. Clarence Goings, Respondent. The People of the State of New York, Respondent, v. William Bernard, Also Known as James Rogers, Appellant.

Court of Appeals of the State of New York.

Argued April 28, 1977.

Decided June 2, 1977.


Attorney(s) appearing for the Case

James J. Cally, New York City, for appellant in the first above-entitled action.

Eugene Gold, District Attorney (Richard E. Mischel of counsel), Brooklyn, for respondent in the first above-entitled action.

Robert M. Morgenthau, District Attorney (David I. Pincus and Peter L. Zimroth of counsel), New York City, for appellant in the second above-entitled action.

Joel Brenner and J. Jeffrey Weisenfeld, New York City, for respondent in the second above-entitled action.

Patricia L. Goughan and William E. Hellerstein, New York City, for appellant in the third above-entitled action.

Robert M. Morgenthau, District Attorney (Henry Steinglass, Peter L. Zimroth and Richard M. Seltzer of counsel), New York City, for respondent in the third above-entitled action.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in Per Curiam opinion.


Per Curiam.

In each of these three cases the defendant sought to suppress a handgun which had been taken from him by the police. The single issue presented — whether the action of the police officer was reasonable — "must necessarily turn on the facts in each individual case". (People v Green, 35 N.Y.2d 193, 195.) Because of the number of cases arising in somewhat...

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