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PEOPLE v. VIENTOS

164 A.D.2d 122 (1990)

The People of the State of New York, Respondent, v. Edwin Vientos, Appellant

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

November 8, 1990

Attorney(s) appearing for the Case

Michael Schwartz of counsel (Mark Dwyer with him on the brief; Robert M. Morgenthau, District Attorney, attorney), for respondent.

Robert P. App of counsel (Philip L. Weinstein, attorney), for appellant.

SULLIVAN, J. P., and ROSS, J., concur with WALLACH, J.; KASSAL and ELLERIN, JJ., concur in part and dissent in part in an opinion by ELLERIN, J.

WALLACH, J.

The evidence at a Huntley hearing established that at 8:30 A.M., on April 24, 1987 police officers observed defendant and his codefendants loading plastic garbage bags either into, or out of, the trunk of a car. A computer monitor, which had "P.S. 192" written on top, protruded from one of the garbage bags. One officer testified that about one-half hour earlier he had heard a radio run concerning...

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