PEOPLE v. STEPHENS


139 A.D.2d 412 (1988)

The People of the State of New York, Respondent, v. Robert Stephens, Appellant

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

April 7, 1988


Prior to the jury trial in this action, the defendant made a motion to suppress physical evidence consisting of cocaine, drug paraphernalia, a knife, a bulletproof vest and United States currency. We believe that the trial court erred in denying the motion to suppress. The evidence given at the hearing on the motion to suppress was undisputed. Police Officers Daniel Gaughran and Mark Eberhart were the only witnesses. On April 25, 1984, at approximately 2:30 P.M., the two...

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