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PEOPLE v. DIAZ

163 Misc.2d 390 (1994)

625 N.Y.S.2d 388

The People of the State of New York, Plaintiff, v. Negro Diaz, Defendant.

Supreme Court, Bronx County.

October 24, 1994

Attorney(s) appearing for the Case

Fred Bittlingmaier for defendant. Robert T. Johnson, District Attorney of Bronx County (Bernadette Smith of counsel), for plaintiff.

JOSEPH FISCH, J.

The defendant, charged with criminal possession of a weapon in the third degree, moved to suppress the gun seized from his person as the fruit of an unlawful arrest. A Mapp hearing was held and upon the evidence adduced at said hearing, and a viewing of the crime scene, defendant's motion is denied.

FINDINGS OF FACT

The People called one witness: Police Officer Richard...

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