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PEOPLE v. SPRINGER

92 A.D.2d 209 (1983)

The People of the State of New York, Respondent, v. Vincent Springer, Appellant

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

March 14, 1983

Attorney(s) appearing for the Case

Axelrod, Cornachio & Famighetti (Joseph P. Famighetti of counsel), for appellant.

Denis Dillon, District Attorney (Anthony J. Girese and Denise Parillo of counsel), for respondent.

MOLLEN, P. J., and BOYERS, J., concur with BROWN, J.; GULOTTA, J., dissents and votes to affirm the judgment, with an opinion.

BROWN, J.

The primary issue on this appeal is whether the People have sustained their burden of demonstrating that the defendant freely and voluntarily consented to the warrantless search of his vehicle by the police. In our view that burden has not been met and, accordingly, the County Court should have granted defendant's motion to suppress and dismissed the indictment.

At about 8:40 P.M. on the evening of December 5, 1980, Police Officer Marc...

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