People v. Cassone

The People appeal froni an order granting a motion to suppress. The appeal was perfected as to only two of the defendants in the proceeding, namely, Cassone and Carbonaro. As to the remaining defendants, the appeal is severed, and the application as to them is not considered at this time.

The motion to suppress was made in the course of the prosecution of an indictment for burglary in the third degree. The facts brought out on the motion which are, for the purposes of the application, undisputed, follow. Joseph Sullivan, a police officer, was assigned to foot patrol between Fulton and Beekman…