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PEOPLE v. PACIFICO

95 A.D.2d 215 (1983)

The People of the State of New York, Respondent, v. Jason Pacifico, Appellant

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

August 4, 1983

Attorney(s) appearing for the Case

Lawrence Hochheiser of counsel (Kenneth J. Aronson with him on the brief; Hochheiser & Aronson, attorneys), for appellant.

John Latella of counsel (Amyjane Rettew with him on the brief; Robert M. Morgenthau, District Attorney, attorney), for respondent.

SANDLER, J. P., ROSS, CARRO and MILONAS, JJ., concur.

SULLIVAN, J.

The only issue is the propriety of the denial, after a hearing, of defendant's motion to suppress physical evidence. Subsequent to the hearing defendant pleaded guilty to criminal possession of a controlled substance in the third degree, and criminal possession of a weapon in the third degree, and was sentenced.

At about 6 P.M. on January 31, 1981, Police Officers Joseph and Kelly, in uniform, on motor patrol, responded to a report...

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