People v. Muller

Defendant has moved this court for an order suppressing evidence obtained by a seizure without warrant and for an order dismissing the indictment herein.

The evidence sought to be suppressed consists of an International Harvester model 500 gas-driven bulldozer/loader and a one-half ton gasoline driven roller.

The defendant is charged by indictment with criminal possession of stolen property in the first degree in violation of section 165.50 of the Penal Law, the property described in the indictment being the above-mentioned bulldozer and roller.

The facts as presented upon the hearing on this…