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PEOPLE v. CALDWELL

107 Misc.2d 62 (1980)

The People of the State of New York, Respondent, v. Emmett Caldwell, Jr., Appellant.

Supreme Court, Appellate Term, First Department.

October 21, 1980

Attorney(s) appearing for the Case

Howard W. Rachlin for appellant. Mario Merola, District Attorney (Alan D. Marrus and Howard Birnbach of counsel), for respondent.

Concur: DUDLEY, J. P., HUGHES and ASCH, JJ.

Per Curiam.

Judgment rendered May 5, 1980 affirmed.

On appeal the defendant argues that the warrantless search of the unoccupied parked car was illegal and the court erred in denying defendant's motion to suppress; guilt of the defendant was not proved beyond a reasonable doubt; the court wrongfully took judicial notice that the defendant's holster fit the weapon recovered but not a BB gun; the defendant...

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