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PEOPLE v. SPIVEY

61 A.D.2d 740 (1978)

The People of the State of New York, Respondent, v. James Spivey, Appellant

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

February 7, 1978

The facts here are that defendant pleaded guilty to attempted criminal possession of a weapon in the third degree after his motion to suppress the weapon was denied. At approximately 12:46 A.M. while patrolling in a high-crime area, Officers Collins and Diaz received a radio call that a Black male, five feet 10 inches, wearing blue dungarees, white sneakers and brown leather jacket had committed a robbery at knifepoint. The police...

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