PEOPLE v. BOOKLESS


120 A.D.2d 950 (1986)

The People of the State of New York, Respondent, v. Daniel Bookless, Appellant

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

May 23, 1986


Judgment unanimously reversed, on the law and facts, motion to suppress granted, and matter remitted to Supreme Court, Monroe County, for further proceedings on the indictment.

Memorandum:

The record does not support the suppression court's determination that defendant was not in custody at the time he admitted having a gun in his vehicle, or that defendant was seated in the rear of the patrol car with the door open while being questioned by police officers...

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