PEOPLE v. PACCIONE


161 Misc.2d 82 (1994)

612 N.Y.S.2d 811

The People of the State of New York, Plaintiff, v. Christopher Paccione, Defendant.

Supreme Court, Kings County.

April 18, 1994


Attorney(s) appearing for the Case

Legal Aid Society (Lisa Saltzman of counsel), for defendant. Charles J. Hynes, District Attorney of Kings County (Bruce Spiegler of counsel), for plaintiff.


ANNE G. FELDMAN, J.

Defendant moves to suppress physical evidence which he claims was recovered in an unlawful seizure.

After a Mapp/Dunaway hearing at which the only witness was the arresting officer, the court grants the motion to suppress a handgun and marihuana as the fruits of an unlawful seizure.

FACTS

The facts in this case are undisputed. On August 8, 1993, at approximately...

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