PEOPLE v. GAINES


159 A.D.2d 175 (1990)

The People of the State of New York, Respondent, v. Richard Gaines, Appellant

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

August 2, 1990


Attorney(s) appearing for the Case

Rona Feinberg of counsel (Helen A. Feuer with her on the brief; Robert M. Morgenthau, District Attorney, attorney), for respondent.

Ira Mickenberg of counsel (Barry R. Strutt with him on the brief, attorney), for appellant.

Richard Gaines, appellant pro se.

SULLIVAN, J. P., ROSS, KASSAL and WALLACH, JJ., concur.


ELLERIN, J.

Defendant's conviction of criminal possession of a weapon in the third degree arises out of an arrest following an anonymous tip. The police testimony at the combined Mapp/Huntley hearing established that at 12:45 A.M. on January 25, 1986, two pairs of anticrime police officers, in plain clothes and unmarked cars, received a radio report, based on an anonymous source, that a man with a sawed...

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