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PEOPLE v. BRONSTON

113 A.D.2d 627 (1986)

The People of the State of New York, Appellant, v. Joseph Bronston, Respondent

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

January 7, 1986

Attorney(s) appearing for the Case

Julian A. Hertz for respondent.

Richard T. Preiss of counsel (Charles E. Knapp with him on the brief; Robert M. Morgenthau, District Attorney, attorney), for appellant.

ELLERIN, J., concurs with FEIN, J; KASSAL, J., concurs in a separate opinion; KUPFERMAN, J. P., and SULLIVAN, J., dissent in an opinion by SULLIVAN, J.

FEIN, J.

The People appeal from an order which granted defendant's motion to suppress a loaded .38 caliber revolver taken from defendant's waistband.

The issue is whether the investigating officers were required to make any inquiry of defendant concerning his conduct prior to the search and seizure. The People's only witness at the Mapp hearing was Police Officer Stephanie Sheffler, a three-year...

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