PEOPLE v. DAVIS


130 A.D.2d 268 (1987)

The People of the State of New York, Appellant, v. Nathan Davis and Reginald Harris, Respondents

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

September 15, 1987


Attorney(s) appearing for the Case

Catherine M. Cook of counsel (Mark Dwyer and Donald Davidson with her on the brief; Robert M. Morgenthau, District Attorney, attorney), for appellant.

Ira Mickenberg for Reginald Harris, respondent.

Faith O'Neal of counsel (Philip L. Weinstein, attorney), for Nathan Davis, respondent.

SANDLER, J. P., and ROSS, J., concur with WALLACH, J.; ROSENBERGER and ELLERIN, JJ., dissent in an opinion by ELLERIN, J.


WALLACH, J.

On this appeal we are called upon to subject to careful scrutiny the procedures of that unit of the New York City Police Department assigned to the mission of suppressing taxicab robberies. The particular issue before us is whether the seizure of two handguns from the passenger compartment of a livery cab violated the constitutional rights of these defendants.

At the suppression hearing Police...

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