Legal Opinion · Dissent

In re Jose R.

Appellate Division of the Supreme Court of the State of New York

Decided April 13, 1995Published

1Dissent

Murphy, P. J., and Rosenberger, J., dissent

in a memorandum by Rosenberger, J., as follows: I would reverse, granting the respondent’s motion to suppress the weapon. At about 12:45 in the afternoon, in response to an anonymous radio transmission of a male with a gun at 1610 Walton Avenue, Officer Gogarty, who testified at a subsequent Mapp hearing, and his partner Officer Fallon proceeded to the location. Upon arrival, Officer Gogarty observed the respondent, matching the reported description. The two officers approached him from opposite directions. He made no attempt to flee. From his…

2Cases cited8 opinions

  1. People v. BenjaminNew York Court of Appeals · 1980
  2. People v. BrnjaNew York Court of Appeals · 1980
  3. People v. BondAppellate Division of the Supreme Court of the State of New York · 1986
  4. People v. GainesAppellate Division of the Supreme Court of the State of New York · 1990
  5. People v. MitchellAppellate Division of the Supreme Court of the State of New York · 1992

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