PEOPLE v. BARBERA


71 A.D.2d 231 (1979)

The People of the State of New York, Respondent, v. Guiseppe Barbera, Appellant

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

December 3, 1979


Attorney(s) appearing for the Case

Leonard A. Weinberger for appellant.

Denis Dillon, District Attorney (Bruce E. Whitney and William C. Donnino of counsel), for respondent.

O'CONNOR, J. P., RABIN, GULOTTA and MARGETT, JJ., concur.


Per Curiam.

The defendant appeals from a judgment convicting him, upon his plea of guilty, of criminal possession of a weapon in the third degree. The plea was entered following the denial, after a hearing, of the defendant's motion to suppress physical evidence. The judgment should be reversed, the motion to suppress granted, and the indictment dismissed.

In the early morning hours of April 26, 1978, an anonymous...

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