PEOPLE v. CARATELLI


83 A.D.2d 882 (1981)

The People of the State of New York, Respondent, v. Louis Caratelli and Lynne Weithorn, Appellants

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

August 24, 1981


Judgments reversed, on the law and the facts, pleas vacated, the gun, ammunition and marihuana are suppressed, and the case is remitted to Criminal Term for further proceedings on the indictment.

At approximately 6:30 P.M. on October 5, 1978, Mitchell Weithorn, the divorced husband of defendant Lynne Weithorn, made a complaint to police detectives in Queens. He said that at approximately 4:00 P.M. on that date he had driven his son back to Ms. Weithorn's apartment...

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