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PEOPLE v. JONES

61 A.D.2d 264 (1978)

The People of the State of New York, Respondent, v. Dave R. Jones, Appellant

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

February 14, 1978

Attorney(s) appearing for the Case

Matthew Muraskin (Howard B. Comet and Michael J. Obus of counsel), for appellant.

Denis Dillon, District Attorney (Marshall Trager and William C. Donnino of counsel), for respondent.

DAMIANI, J. P., and RABIN, J., concur with HAWKINS, J.; SUOZZI and O'CONNOR, JJ., dissent and vote to affirm the judgment, with separate opinions.

HAWKINS, J.

The defendant appeals from a judgment of the County Court, Nassau County, rendered April 19, 1976, convicting him of grand larceny in the third degree, upon a jury verdict, and imposing sentence. The appeal also brings up for review the denial, after a hearing, of the defendant's motion to suppress certain evidence.

The judgment should be reversed, on the law, the motion to suppress granted...

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