PEOPLE v. HUMPHREY


69 A.D.2d 422 (1979)

The People of the State of New York, Respondent, v. Harrison Humphrey, Appellant

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

July 23, 1979


Attorney(s) appearing for the Case

Goldberger, Feldman & Dubin (Michael Young of counsel), for appellant.

Carl A. Vergari, District Attorney (Cheryl Kosan and Gerald D. Reilly of counsel), for respondent.

MANGANO, J., concurs with MOLLEN, P. J.; SUOZZI, J., concurs in the result, with an opinion; O'CONNOR, J., dissents and votes to affirm the judgment with an opinion.


MOLLEN, P. J.

The defendant stands convicted, upon a jury verdict, of two counts of criminal possession of a weapon in the third degree. On this appeal he contends, inter alia, that his motion to suppress certain physical evidence seized from him should have been granted. For the reasons which follow, the judgment should be reversed, the motion to suppress granted and the indictment dismissed.

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