People v. Donato

Defendant moves to suppress a pair of handcuffs and a derringer pistol, as evidence. He is indicted for robbery in the first degree, grand larceny in the first degree and four counts of assault in the second degree.

The derringer was found in a room in the attic of a rooming house where the defendant neither resided nor had dominion or control.

The defendant was employed in a delicatessen, and the handcuffs were found in the back room of the delicatessen in a drawer used in common by the defendant, his employers and other employees. The police were on the premises with permission from the owner…