PEOPLE v. KADAN


195 A.D.2d 174 (1994)

The People of the State of New York, Appellant, v. David Kadan, Respondent

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

February 1, 1994


Attorney(s) appearing for the Case

Susan Gliner of counsel, New York City (Robert M. Raciti with her on the brief; Robert M. Morgenthau, District Attorney of New York County, attorney), for appellant.

Michael Fred Baum, Brooklyn, for respondent.

ASCH, RUBIN and NARDELLI, JJ., concur.


SULLIVAN, J. P.

This is an appeal by the People from the suppression of a gun recovered from defendant, indicted on one count of criminal possession of a weapon in the third degree, as well as statements which he subsequently made to the police. The pretrial hearing disclosed the following facts.

At about 8:22 A.M. on March 3, 1992, Police Officer King, in uniform and assigned to a foot post in the Long...

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