PEOPLE v. CARMINE


53 N.Y.2d 816 (1981)

The People of the State of New York, Respondent, v. Carmine A., Appellant.

Court of Appeals of the State of New York.

Decided April 28, 1981.


Attorney(s) appearing for the Case

Stephen R. Mahler and Andrew M. Engel for appellant.

John J. Santucci, District Attorney (Aley Z. Alexander of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.


MEMORANDUM.

The order of the Appellate Division should be reversed, the plea vacated, the statement suppressed and the matter should be remitted to the Supreme Court, Queens County, for further proceedings.

Indicted for criminal possession of a weapon in the third degree and criminal trespass in the third degree, defendant moved to suppress the .25 caliber pistol which is the subject of the first count as the product...

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