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PEOPLE v. SIMMONS

75 N.Y.2d 738 (1989)

The People of the State of New York, Appellant, v. Darryl Simmons, Respondent.

Court of Appeals of the State of New York.

Decided December 14, 1989.

Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney (Howard L. Perzan and Deborah L. Morse, of counsel), for appellant.

Philip L. Weinstein and Susan J. Feathers, for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Defendant was indicted for allegedly taking two leather jackets from the complainant at gunpoint. After a suppression hearing, the court granted defendant's motion to suppress the two leather jackets on the ground that they were the product of an unlawful search and seizure. The trial court, over defense counsel's objection, permitted the People to...

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