PEOPLE v. MARTIN


56 A.D.2d 876 (1977)

The People of the State of New York, Respondent, v. Earl Martin and Walter Washington, Appellants

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

March 14, 1977


Judgments and order reversed, on the law and the facts, motion to suppress granted, and indictments dismissed.

On May 31, 1973, at about 12:05 A.M., the Oldsmobile in which defendant Martin was the operator, and codefendant Washington a passenger, was parked at 150th Street, approximately 100 feet south of 105th Avenue, Queens. The motor was running and the lights were off. At the suppression hearing both police officers (McCormack and Furey) testified that they passed...

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