PEOPLE v. VASQUEZ


200 A.D.2d 344 (1994)

The People of the State of New York, Respondent, v. Julio Vasquez, Appellant

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

June 16, 1994


Attorney(s) appearing for the Case

George W. Albro of counsel (Philip L. Weinstein, attorney), for appellant.

Kathleen E. Fay of counsel (Norman Barclay with her on the brief; Robert M. Morgenthau, District Attorney of New York County, attorney), for respondent.

WALLACH, RUBIN and NARDELLI, JJ., concur.


MURPHY, P. J.

The defendant was arrested 11 days after the murder he was charged with having committed at a location remote from the scene of the crime. It is conceded that at the time of the arrest the defendant was not observed engaging in any illegal activity. It is, moreover, conceded that there was no outstanding warrant for the defendant's arrest.

Following defendant's arrest, a gun was seized...

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