PEOPLE v. BACON


19 A.D.3d 287 (2005)

798 N.Y.S.2d 402

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN BACON, Appellant.

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

June 23, 2005.


This appeal was held in abeyance and the matter remanded to Supreme Court for a hearing on defendant's motion to suppress evidence. On remand, Supreme Court (Marcy L. Kahn, J.) conducted a Mapp hearing and denied the motion, finding that the evidence was properly recovered from defendant's person.

At the hearing, Police Officer Robert Savage testified that, on the evening of December 29, 2000, he and his partner stopped defendant for riding his bicycle on the...

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