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PEOPLE v. SIMPSON

244 A.D.2d 87 (1998)

676 N.Y.S.2d 552

The People of the State of New York, Appellant, v. Jermal Simpson, Respondent The People of the State of New York, Appellant, v. James Abreu, Respondent

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

July 23, 1998

Attorney(s) appearing for the Case

John F. Carroll, Jr., of counsel (Joseph N. Ferdenzi on the brief; Robert T. Johnson, District Attorney of Bronx County, attorney), for appellant.

Donald A. Harwood (Courtney C. Hunt on the brief), for Jermal Simpson, respondent.

Dominic J. Sichenzia for James Abreu, respondent.

NARDELLI, WILLIAMS and ANDRIAS, JJ., concur.

SULLIVAN, J. P.

The People appeal from an order suppressing a gun seized from the locked trunk of an automobile occupied by defendants. At issue is whether, in the circumstances presented, there was probable cause to believe that one of the car's occupants possessed a gun and, if so, whether the "automobile exception" justified the police officers' warrantless search of the vehicle, including the locked trunk...

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