PEOPLE v. GORDON


87 A.D.2d 636 (1982)

The People of the State of New York, Respondent, v. Alex S. Gordon and James E. Milan, Appellants

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

March 22, 1982


Judgments reversed, on the law and the facts, plea of defendant Milan vacated, motion to suppress statements and out-of-court identification granted, and the case is remitted to the County Court, Nassau County, for further proceedings consistent herewith.

On August 6, 1979, at approximately 5:30 P.M., seven men entered the complainant's photography shop. One of the men produced a sawed-off shotgun and ordered the complainant to kneel on the floor behind the counter...

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