PEOPLE v. CHESTNUT


69 A.D.2d 41 (1979)

The People of the State of New York, Respondent, v. Andre Chestnut, Appellant

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

July 10, 1979


Attorney(s) appearing for the Case

Judith Zerden of counsel (William E. Hellerstein, attorney), for appellant.

Richard P. Kaye of counsel (Jerrold Tannenbaum with him on the brief; Robert M. Morgenthau, District Attorney), for respondent.

BIRNS, J. P., MARKEWICH and SILVERMAN, JJ., concur with SULLIVAN, J.; FEIN, J., dissents in an opinion.


SULLIVAN, J.

At issue is the propriety of the denial of defendant's motion to suppress physical evidence, and statements made by him contemporaneously with the seizure of a gun and at the station house after his arrest. Subsequent to the denial of his motion defendant entered a plea of guilty.

The following facts were adduced at the suppression hearing. On the evening of January 4, 1977, at 8:45 P.M. police...

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