People v. Salerno

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 ear saw the defendant walking south on Havemeyer Avenue near Powell Street, in Bronx County, wearing a sport coat, “ chino ” pants and low shoes, and carrying in his hand a gun ease of a size used for a rifle or shotgun. When questioned, the defendant first said…