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PEOPLE v. COLEMAN

191 A.D.2d 390 (1993)

595 N.Y.S.2d 431

The People of the State of New York, Respondent, v. Darius Coleman, Appellant

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

March 30, 1993

The question presented on this appeal is whether the Supreme Court erred in summarily denying defendant's pretrial motion to suppress a loaded pistol which, the People and defendant agree, the police claimed was discarded upon their approach. In support of the motion, defendant's counsel alleged the following in an affirmation: "Upon information and belief, based upon conversations with Mr. Coleman, the defendant was not engaged...

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