PEOPLE v. FLUDD


20 A.D.3d 351 (2005)

799 N.Y.S.2d 47

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. CHARLES FLUDD, Respondent. THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. RAMON MARACALLO, Respondent.

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

July 21, 2005.


Defendants were arrested and indicted for two counts of criminal possession of a weapon in the third degree. At a pretrial suppression hearing, Detectives Daniel Kelly and John Mele testified that on September 28, 2002, at approximately 6:30 P.M., they were conducting a narcotics patrol in the area of Jerome Avenue. Kelly recounted that they were in plainclothes and driving an unmarked car when a red Honda traveling at an excessive speed cut them off. Kelly testified that...

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