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PEOPLE v. BOYD

78 A.D.2d 225 (1980)

The People of the State of New York, Appellant, v. Warner Boyd, Defendant-Respondent

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

December 18, 1980

Attorney(s) appearing for the Case

Hilary A. Hassler of counsel (Allen Alpert with her on the brief; Robert M. Morgenthau, District Attorney, attorney), for appellant.

David B. Perlmutter of counsel (Sidney Offer, attorney), for defendant-respondent.

BIRNS, J. P., MARKEWICH, LUPIANO and BLOOM, JJ., concur.

FEIN, J.

Defendant and his companion, Larry Fay, were apprehended by police investigating an early morning armed robbery of a subway token booth. Fay was discovered at the time of apprehension to be carrying a gun. At the police precinct defendant later revealed he too carried a gun. Neither of the two was indicted for robbery. Thus, the sole issue before us is whether the police had probable cause to make the...

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