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PEOPLE v. CHAPMAN

103 A.D.2d 494 (1984)

The People of the State of New York, Respondent, v. Victor Chapman, Appellant

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

October 22, 1984

Attorney(s) appearing for the Case

Louis A. Tirelli (Maureen McNamara of counsel), for appellant.

Kenneth Gribetz, District Attorney (Deborah L. Wolikow of counsel), for respondent.

WEINSTEIN and RUBIN, JJ., concur with MOLLEN, P. J.; TITONE, J., dissents and votes to reverse the judgment appealed from, grant that branch of defendant's pretrial motion which sought suppression of physical evidence, and order a new trial, with an opinion.

MOLLEN, P. J.

The issue presented on this appeal is whether under the circumstances at bar the defendant was seized in violation of his rights under the State and Federal Constitutions (NY Const, art I, § 12; US Const, 4th, 14th Amdts), thereby requiring suppression, as the fruit of the poisonous tree, of a pillowcase and its contents. The County Court concluded that the defendant was not unlawfully seized...

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