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PEOPLE v. ROLSTON

50 N.Y.2d 1048 (1980)

The People of the State of New York, Appellant-Respondent, v. Michael Rolston, Respondent-Appellant.

Court of Appeals of the State of New York.

Decided July 8, 1980.

Attorney(s) appearing for the Case

John J. Santucci, District Attorney (Barry A. Schwartz of counsel), for appellant-respondent.

Alexander Potruch, Kenneth Koopersmith and Michael K. Feigenbaum for respondent-appellant.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be affirmed, and defendant's cross appeal should be dismissed.

The People have conceded that it was error for the trial court to deny defendant's motion to suppress a weapon discovered by the police in the course of an unlawful search. In view of this concession, the Appellate Division was correct in holding that the judgment of conviction entered upon defendant...

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