People v. Gil

Appellate Division of the Supreme Court of New York

People v. Gil

196 A.D.2d 718, 603 N.Y.S.2d 719, 1993 N.Y. App. Div. LEXIS 8463

Appellate Division of the Supreme Court of the State of New York·Decided September 16, 1993·Published·Cited by 1 cases

Opinion

Judgment, Supreme Court, Bronx County (Martin Marcus, J.), rendered June 25, 1991, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the third degree and criminal possession of a controlled substance in the fourth degree, and sentencing him to a prison term of 1 year, unanimously affirmed.

The police officer’s testimony that he actually saw part of a gun protruding from the bundle that defendant was carrying was not incredible as a matter of law, and defendant’s suppression motion was properly denied. Concur—Rosenberger, J. P., Wallach, Asch and Rubin, JJ.

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Judgment, Supreme Court, Bronx County (Martin Marcus, J.), rendered June 25, 1991, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the third degree and criminal possession of a controlled substance in the fourth degree, and sentencing him to a prison term of 1 year, unanimously affirmed.

The police officer’s testimony that he actually saw part of a gun protruding from the bundle that defendant was carrying was not incredible as a matter of law, and defendant’s suppression motion was properly denied. Concur—Rosenberger, J. P., Wallach, Asch and Rubin, JJ.

People v. Gil, 196 A.D.2d 718, 603 N.Y.S.2d 719, 1993 N.Y. App. Div. LEXIS 8463 (N.Y. Ct. App. 1993).

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Opinion

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