PEOPLE v. GUSTAFSON


110 A.D.2d 1055 (1985)

The People of the State of New York, Respondent, v. Russell E. Gustafson, Appellant

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

April 5, 1985


Judgment unanimously affirmed.

Memorandum:

Defendant argues on appeal from his conviction for criminal possession of a forged instrument arising from his use of a forged prescription that the statements he gave at the police station should have been suppressed as the fruit of his arrest without probable cause. We reject the People's contention that defendant failed to preserve the issue. Although his motion papers did not contain sworn allegations of fact...

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