PEOPLE v. HILL


127 A.D.2d 144 (1987)

The People of the State of New York, Appellant, v. David Hill, Respondent

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

March 5, 1987


Attorney(s) appearing for the Case

Sherrill R. Spatz of counsel (Susan Corkery with her on the brief; Robert M. Morgenthau, District Attorney, attorney), for appellant.

Kevin F. Casey of counsel (Philip L. Weinstein, attorney), for respondent.

SULLIVAN, ROSENBERGER and WALLACH, JJ., concur with SANDLER, J. P.; CARRO, J., dissents in an opinion.


SANDLER, J. P.

The People appeal from an order of the Supreme Court granting defendant's motion to suppress a loaded gun, which defendant threw to the ground while fleeing from uniformed police officers who had approached him and others in order to investigate a shopkeeper's complaint that defendant and two others were about to commit a crime. The gun was the basis of an indictment charging defendant with criminal...

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