PEOPLE v. ALVAREZ


308 A.D.2d 184 (2003)

764 N.Y.S.2d 42

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. JASON ALVAREZ, Respondent.

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

September 4, 2003.


Attorney(s) appearing for the Case

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

Robert E. Nicholson for respondent.

BUCKLEY, P.J., ANDRIAS, FRIEDMAN and GONZALEZ, JJ., concur


OPINION OF THE COURT

NARDELLI, J.

In this appeal, we are asked to determine whether the hearing court properly granted defendant's motion to suppress physical evidence and his statements to the police where defendant's arrest arose out of a legal stop of a taxi displaying a "TRIP" decal, and the subsequent questioning of defendant by the police.

Defendant, by indictment filed on March 14, 2001, was...

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