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PEOPLE v. SIMMONS

83 A.D.2d 79 (1981)

The People of the State of New York, Appellant, v. Thomas Simmons, Respondent

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

October 22, 1981

Attorney(s) appearing for the Case

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

William J. Unroch for respondent.

MURPHY, P. J., CARRO and MARKEWICH, JJ., concur.

SILVERMAN, J.

The People appeal from the order of the Supreme Court granting defendant's motion to suppress certain physical evidence (a pistol and ammunition).

At approximately 4:45 A.M. on December 11, 1979, police officers in a radio car noticed a Cadillac run through a red light at 116th Street and Lenox Avenue, in the Borough of Manhattan, City of New York. They turned on the patrol car's dome lights to signal the Cadillac to stop. One of...

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