PEOPLE v. STITH


69 N.Y.2d 313 (1987)

The People of the State of New York, Respondent, v. Otis Stith and Cardell Newton, Appellants.

Court of Appeals of the State of New York.

Decided March 26, 1987.


Attorney(s) appearing for the Case

Isabelle Rawich for Otis Stith, appellant.

Steven S. Katz for Cardell Newton, appellant.

Steven F. Lungen, District Attorney (Bonnie M. Mitzner of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, TITONE and BELLACOSA concur; Judge ALEXANDER taking no part.


HANCOCK, JR., J.

Defendants were arrested and charged with criminal possession of a weapon when police officers discovered a loaded gun in a concededly unlawful search of the cab of a truck tractor following a traffic stop. Later, after it was discovered that the tractor was stolen, defendants were also charged with criminal possession of stolen property. In defendants...

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