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PEOPLE v. COLES

89 A.D.2d 471 (1982)

The People of the State of New York, Respondent, v. Armet Coles, Appellant

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

November 15, 1982

Attorney(s) appearing for the Case

Gerald H. Horowitz for appellant.

Thomas R. Sullivan, District Attorney (Anthony L. Galante and George E. McVay of counsel), for respondent.

LAZER and MANGANO, JJ., concur with DAMIANI, J. P.; GIBBONS, J., dissents and votes to reverse the judgment, vacate the plea and grant defendant's suppression motion to the extent of suppressing defendant's statement made on October 16, 1979, in an opinion.

DAMIANI, J. P.

On October 15, 1979, at about 4:30 P.M., two men robbed the occupants of a taxicab at gunpoint at the corner of Brighton and Castleton Avenues in the West Brighton area of Staten Island. They took $38 from the driver and $2 from his passenger, ordered them out of the cab, and drove it away. The driver reported the robbery to the police and gave them descriptions of the two robbers. Among those...

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