PEOPLE v. LARKINS


116 A.D.2d 194 (1986)

The People of the State of New York, Respondent, v. Jerome Larkins, Appellant

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

April 4, 1986


Attorney(s) appearing for the Case

Paul Shanahan for appellant.

Howard R. Relin, District Attorney (Wendy Lehmann of counsel), for respondent.

CALLAHAN, DOERR and PINE, JJ., concur with DILLON, P. J.; GREEN, J., dissents and votes to reverse the judgment, on the law and facts, grant defendant's motion to suppress and grant a new trial.


DILLON, P. J.

The jury found defendant guilty of criminal possession of a controlled substance in the fifth degree. On appeal, he contends that cocaine and heroin seized in a search of his person should not have been received as evidence at his trial. We disagree, and hold that defendant's pretrial motion to suppress the narcotics was properly denied.

The evidence before the suppression court reveals...

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