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PEOPLE v. FRIPP

58 N.Y.2d 907 (1983)

The People of the State of New York, Appellant, v. Joseph Fripp, Respondent.

Court of Appeals of the State of New York.

Decided February 17, 1983.

Attorney(s) appearing for the Case

Robert Morgenthau, District Attorney (Joyce P. Adolfsen and Robert M. Pitler of counsel), for appellant.

Edward M. Chikofsky and David Breitbart for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER and SIMONS concur; Judge FUCHSBERG dissents and votes to reverse in an opinion.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

The findings that the defendant was arrested before the weapon was seized and that the police lacked probable cause both involve mixed questions of law and fact (People v Alexander, 37 N.Y.2d 202; People v Williamson, 51 N.Y.2d 801). Because these findings are supported...

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