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PEOPLE v. ALBA

81 A.D.2d 345 (1981)

The People of the State of New York, Appellant, v. Vicente Alba, Respondent

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

June 25, 1981

Attorney(s) appearing for the Case

Alan D. Marrus of counsel (Mario Merola, District Attorney, attorney), for appellant.

William M. Kunstler for respondent.

Richard Emery and Steven R. Shapiro for New York Civil Liberties Union, et al., amici curiæ.

KUPFERMAN, J. P., and LUPIANO, J., concur with MARKEWICH, J.; SANDLER and SULLIVAN, JJ., dissent in an opinion by SULLIVAN, J.

MARKEWICH, J.

This case involves the propriety of an order, made after a hearing, suppressing a handgun found on defendant's person in a courthouse (104 Misc.2d 1095). All testimony came from People's witnesses; defendant-respondent presented none.

On a Sunday evening in March, 1978 defendant, accompanied by four persons, entered the arraignment part of Bronx Criminal...

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