People v. Gil

Murphy, P. J. (dissenting).

The record and accurate factual and credibility findings made by the hearing court warrant an affirmance. The hearing court, Honorable John E. H. Stack-house, found:

"The defendants, charged with the crimes of Criminal Possession of a Controlled Substance in the First Degree, and Resisting Arrest move to suppress the physical evidence: 2 bricks of cocaine found in a black book bag, and statements made to police officers.

"Dunaway/Mapp and Huntley hearings were held and Sergeant James Gildea and Police Officer John Fra[si]er testified for the People. Based on the…