PEOPLE v. MILLER


121 A.D.2d 335 (1986)

The People of the State of New York, Respondent, v. Cornell Miller, Appellant

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

June 26, 1986


Defendant was indicted on a single charge of criminal possession of a weapon in the third degree, based upon the seizure of a loaded .38 caliber gun on his person. The sole issue on this appeal is the propriety of that search.

At 9:24 A.M. on August 5, 1983, the police received an anonymous telephone call from a person saying that he was at 219 Edgecombe Avenue. He stated that a short, black, Jamaican man, wearing a tan leisure suit, had taken a gun out of a case...

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