PEOPLE v. NIALS


209 A.D.2d 324 (1994)

619 N.Y.S.2d 20

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

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

November 22, 1994


We reject defendant's claim that the bag containing the gun was unlawfully seized and should not in any event have been opened without a search warrant. Evidence at the hearing was that the uniformed arresting officer responded to an early morning radio message of shots fired in an area where there had been a traffic accident a short time before; arriving at the scene, the officer, while still in his vehicle, received another radio message of a black male wearing black pants...

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