PEOPLE v. CHARLES


222 A.D.2d 688 (1995)

636 N.Y.S.2d 88

The People of the State of New York, Respondent, v. Ruben Charles, Appellant

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

December 29, 1995


Ordered that the judgment is affirmed.

The Supreme Court properly denied suppression of a gun recovered from the defendant as the product of an unlawful search. At the Mapp hearing, Police Officer Brian Gilroy testified that on July 31, 1993, at approximately 4:15 A.M., he and his partner, Officer Eileen Barry, received a radio communication concerning a "dispute with a gun". The gun-wielding suspect was described as a black male with a moustache and beard...

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