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PEOPLE v. GIL

211 A.D.2d 99 (1995)

The People of the State of New York, Appellant, v. Romulo Gil, Defendant-Respondent The People of the State of New York, Appellant, v. Jose Pena, Defendant-Respondent

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

May 4, 1995

Attorney(s) appearing for the Case

Darryll A. Buford of counsel, Bronx (Daniel S. Ratner and Joseph N. Ferdenzi on the brief; Robert T. Johnson, District Attorney of Bronx County, attorney), for appellant.

Elliot H. Fuld of counsel, Bronx (Goldstein, Weinstein & Fuld, attorneys), for defendants-respondents.

SULLIVAN, NARDELLI and TOM, JJ., concur with WALLACH, J.; MURPHY, P. J., dissents in a separate opinion.

WALLACH, J.

The suppression court's erroneous ruling, in this drug possession case, was based in part on an incomplete finding of facts. The unrefuted testimony in the record reveals that shortly after 9:00 P.M. on a late winter evening in 1992, uniformed Police Sergeant Gildea and Officer Fraiser chased and stopped a livery cab they had just observed running a red light on Fordham Road in the Bronx. Approaching...

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