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PEOPLE v. WASHINGTON

238 A.D.2d 43 (1998)

671 N.Y.S.2d 439

The People of the State of New York, Appellant, v. Robert Washington, Respondent

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

January 27, 1998

Attorney(s) appearing for the Case

Stuart P. Levy of counsel (Joseph N. Ferdenzi on the brief; Robert T. Johnson, District Attorney of Bronx County, attorney), for appellant.

Jay L. Weiner for respondent.

WILLIAMS, MAZZARELLI and ANDRIAS, JJ., concur.

SULLIVAN, J. P.

The People appeal from an order suppressing a gun recovered from a livery cab in which defendant had been the sole passenger, and defendant's subsequent postarrest videotaped statement to the police. The essential facts disclosed at the hearing are not in dispute.

On September 24, 1992, at about 11:40 P.M., Police Officer Enrique Garcia and two...

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