PEOPLE v. ROBERTS


94 A.D.2d 237 (1983)

The People of the State of New York, Appellant, v. William Roberts, Respondent

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

June 21, 1983


Attorney(s) appearing for the Case

Bruce Allen of counsel (Robert M. Pitler with him on the brief; Robert M. Morgenthau, District Attorney, attorney), for appellant.

Robert S. Dean of counsel (William E. Hellerstein, attorney), for respondent.

FEIN and MILONAS, JJ., concur with KASSAL, J.; SULLIVAN, J. P., and ROSS, J., dissent in an opinion by SULLIVAN, J. P.


KASSAL, J.

The People appeal from an order which granted defendant's motion to suppress following a combined Huntley-Mapp hearing, suppressing the gun found on defendant's person and an incriminating statement subsequently made by him while in police custody.

On August 8, 1981, at about 5:00 P.M., on a sunny, summer afternoon, Housing Department Officer Owens was on routine patrol in a marked police car. Upon stopping at a light on 9th...

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