PEOPLE v. HAUSER


80 A.D.2d 460 (1981)

The People of the State of New York, Respondent, v. William E. Hauser, Appellant

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

May 27, 1981


Attorney(s) appearing for the Case

Sean Hill for appellant.

Edward C. Cosgrove, District Attorney (Timothy Harvey of counsel), for respondent.

SIMONS, J. P., HANCOCK, JR., DOERR and DENMAN, JJ., concur.


SCHNEPP, J.

The main issue on this appeal is whether the pat-down search conducted by the police deprived defendant of his Fourth Amendment rights, requiring suppression of a loaded handgun found on his person and his subsequent confession. We hold that in the circumstance of this case the search violated defendant's constitutional rights and that County Court erred in denying defendant's suppression motions...

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