PEOPLE v. FIGUEROA


63 A.D.2d 954 (1978)

The People of the State of New York, Respondent, v. Victor Figueroa, Appellant

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

June 29, 1978


Unanimously reversed, on the law, and a new trial is directed.

After a hearing, the trial court denied a motion to suppress the gun allegedly found in defendant's possession. We think that the court's findings that the gun was in plain view and that there was probable cause for the arrest and search, were supported by sufficient evidence and that there is no basis for us to overrule the Trial Judge's findings. Accordingly, the motion to suppress was properly denied...

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