PEOPLE v. ALSTON


84 A.D.2d 737 (1981)

The People of the State of New York, Appellant, v. Gary Alston, Respondent

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

November 24, 1981


Defendant was indicted for criminal possession of a controlled substance in the third and seventh degrees. At the suppression hearing the police officer who was the sole witness testified that he was in uniform on patrol in a marked police car at 10:30 P.M. on December 5, 1979. He had served previously in plainclothes and narcotics details. As his car traveled along 115th Street between Lenox and St. Nicholas Avenues, he observed defendant and another in conversation. From...

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