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PEOPLE v. POLANCO

292 A.D.2d 29 (2002)

740 N.Y.S.2d 35

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. MARIA POLANCO, Respondent. THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. ANTHONY CALABRESE, Respondent.

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

April 2, 2002.

Attorney(s) appearing for the Case

Stanley R. Kaplan of counsel (Joseph N. Ferdenzi on the brief; Robert T. Johnson, District Attorney, Bronx, attorney), for appellant.

Adam M. Jaffe for Maria Polanco, respondent.

Murray Richman for Anthony Calabrese, respondent.

WILLIAMS, P.J., ELLERIN, LERNER and RUBIN, JJ., concur.

OPINION OF THE COURT

MARLOW, J.

Defendants were jointly accused in an indictment of possessing gambling records in the first degree and of promoting gambling in the first degree, both felonies. In the same instrument, Anthony Calabrese was separately accused of one additional count of each of these crimes.

This People's appeal questions whether, based on the testimonial and tangible evidence adduced at a hearing on defendants' motion to suppress...

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