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PEOPLE v. JEROME

100 A.D.2d 397 (1984)

The People of the State of New York, Appellant, v. Anthony Jerome, Also Known as Jerome Anthony, Respondent

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

April 10, 1984

Attorney(s) appearing for the Case

Debora K. Grobman of counsel (Amyjane Rettew with her on the brief; Robert M. Morgenthau, District Attorney, attorney), for appellant.

David Wasserman of counsel (William E. Hellerstein, attorney), for respondent.

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

LYNCH, J.

The People appeal an order granting the defendant's motion to suppress a gun found on him and statements made to the arresting police officers. We find that suppression should have been denied.

In a midafternoon in January, 1982, two police officers were in a marked police car driving on 145th Street. They passed a service station where they knew that "there's a lot of stolen cars and a lot...

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