PEOPLE v. HEROLD


282 A.D.2d 1 (2001)

726 N.Y.S.2d 65

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH HEROLD, Appellant.

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

May 15, 2001.


Attorney(s) appearing for the Case

Robert W. Gifford of counsel (Michael S. Morgan on the brief; Robert M. Morgenthau, District Attorney of New York County, attorney), for respondent.

Steven R. Berko of counsel (M. Sue Wycoff, attorney), for appellant.

ROSENBERGER, MAZZARELLI, LERNER and BUCKLEY, JJ., concur.


OPINION OF THE COURT

SULLIVAN, P. J.

On this appeal from his conviction, after a guilty plea, of criminal possession of a weapon in the third degree, defendant challenges, inter alia, the denial of his motion to suppress the gun recovered from him as well an incriminating post-arrest statement. The issue presented is whether the information in a police radio report containing a physical description of a man with a gun, furnished by a person at a specified...

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