PEOPLE v. LATHIGEE


84 A.D.2d 918 (1981)

The People of the State of New York, Appellant, v. James V. Lathigee, Joseph W. Lathigee and Gordon L. Montgomery, Respondents

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

November 13, 1981


Order unanimously reversed, on the law and facts, motion denied and matter remitted to Orleans County Court for further proceedings on the indictments.

Memorandum:

The People appeal from an order suppressing items seized from the defendants and the car which they occupied. The police stopped a car occupied by the three defendants within 30 minutes of the report of a burglary in progress and within three miles of the crime scene. It matched the description...

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