PEOPLE v. ROSA


69 A.D.2d 868 (1979)

The People of the State of New York, Respondent, v. Jose Rosa, Also Known as Jose Ross and Jose Diaz, Appellant

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

April 16, 1979


Judgment affirmed.

Notwithstanding the fact that the arresting officer's testimony before the Grand Jury and at trial differed as to the chronology of observing a weapon in the immediate vicinity of the defendant and the search of his person, the trial testimony may not be said, as a matter of law, to have been "tailored" to preclude constitutional objections to the search, as the defendant contends. Furthermore, the credible evidence adduced indicates there existed...

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