PEOPLE v. CAPONIGRO

3258, 2855/05

76 A.D.3d 913 (2010)

908 N.Y.S.2d 37

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY CAPONIGRO, Appellant.

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

Decided September 28, 2010.


The court properly denied defendant's suppression motion. At the scene of a shooting, the police spoke with bystanders who said the assailant drove away and provided a detailed description of the car. Another officer heard this information over the radio and saw defendant stopped at a red light in a car that precisely matched the description, around the corner from the crime scene. The distinctiveness of the car, viewed in light of its close geographic and temporal proximity...

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