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PEOPLE v. TURRIAGO

90 N.Y.2d 77 (1997)

681 N.E.2d 350

659 N.Y.S.2d 183

The People of the State of New York, Appellant, v. Leonardo Turriago, Respondent.

Court of Appeals of the State of New York.

Decided May 13, 1997.

Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney of New York County, New York City (Penny Rosenberg and Mark Dwyer of counsel), for appellant.

Mark Gimpel, New York City, and Debevoise & Plimpton for respondent.

Chief Judge KAYE and Judges TITONE, BELLACOSA, CIPARICK and WESLEY concur; Judge SMITH taking no part.

LEVINE, J.

The People appeal, pursuant to permission granted by a Justice of the Appellate Division, from an order of that Court reversing a judgment of conviction of defendant of murder in the second degree, of weapons and cocaine possession and of tampering with physical evidence, and granting defendant's motion to suppress physical evidence and his incriminating statements.

The People make two arguments...

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