PEOPLE v. MITCHELL


223 A.D.2d 729 (1996)

637 N.Y.S.2d 450

The People of the State of New York, Respondent, v. Anthony Mitchell, Appellant

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

January 29, 1996


Ordered that the judgment is affirmed.

The defendant contends, among other things, that the discovery of a .38 caliber gun was the product of an illegal stop and detention by the police, and that the weapon should have been suppressed. We disagree. When Officer Robert Evers came upon the scene of the crime, there were numerous gun shots being fired. Evers did not know who was firing the shots, but he saw men in blue uniforms go behind a van, and heard someone yelling...

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