PEOPLE v. SALERNO


38 Misc.2d 467 (1962)

The People of the State of New York, Plaintiff, v. Michael Salerno, Defendant.

Supreme Court, Special and Trial Term, Bronx County.

December 27, 1962


Attorney(s) appearing for the Case

Philip Pelitz for defendant. Isidore Dollinger, District Attorney (Newton Poyer of counsel), for plaintiff.


WILLIAM RAND, JR., J.

The defendant moves to suppress evidence seized from his possession at the time of his arrest. Although there was considerable conflict in the testimony elicited at a hearing held on the motion, the following facts were established.

At about 3:15 A.M., on the morning of July 29, 1962, two police officers in a patrol car saw the defendant walking south on Havemeyer Avenue near Powell...

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