People v. Theo

The defendant, Joseph Theo, was charged in an indictment with the offense of armed robbery. Subsequent to his arrest he filed a motion to suppress (1) the shoes taken from his person shortly after his arrest, and (2) certain articles taken from an apartment leased to one, Kathy Podkowa. After an evidentiary hearing conducted on July 30, 1969, Judge Emmett Morrissey denied tire motion both with respect to the shoes and with respect to the other articles taken from the Podkowa apartment. On September 18, 1969, the cause was reassigned to Judge Daniel J. Ryan. The motion to suppress was renewed,…