People v. Rolston

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, and defendant’s cross appeal should be dismissed.

The People have conceded that it was error for the trial court to deny defendant’s motion to suppress a weapon discovered by the police in the course of an unlawful search. In view of this concession, the Appellate Division was correct in holding that the judgment of conviction entered upon defendant’s guilty plea must be reversed. Although the People had other inculpatory evidence which could have been used against defendant at a trial, we cannot say upon…