PEOPLE v. LAVIN


182 A.D.2d 710 (1992)

The People of the State of New York, Respondent, v. James Lavin, Appellant

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

April 13, 1992


Ordered that the judgment is affirmed.

The defendant's conviction of murder in the second degree arose out of the fatal shooting of his brother-in-law, Peter Ochetal, on February 16, 1989.

We agree with the defendant that the Supreme Court erred in denying suppression of certain physical evidence, i.e., the defendant's car. The defendant's car was retrieved by the police as a result of information supplied by the defendant in statements which were properly...

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