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PEOPLE v. MESTEY

61 A.D.2d 447 (1978)

The People of the State of New York, Respondent, v. Miguel Mestey, Appellant

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

March 7, 1978

Attorney(s) appearing for the Case

Jeremy D. Morley of counsel (Corynne A. Lebetkin with him on the brief; Halperin Shivitz Scholer Schneider & Eisenberg, attorneys), for appellant.

Steven J. Greenblatt of counsel (Alan D. Marrus with him on the brief; Mario Merola, District Attorney), for respondent.

SILVERMAN, EVANS, LANE and SANDLER, JJ., concur.

MURPHY, P. J.

At the suppression hearing, police officers Denton and Schlereth were the only witnesses who testified about the circumstances surrounding defendant's arrest for criminal possession of a weapon in the third degree (Penal Law, § 265.02). For purposes of this appeal, the officers' testimony will be fully credited and will be viewed most favorably to the prosecution.

Officers Denton and...

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