Appellate Division of the Supreme Court of New York, 1981

People v. Perry

People v. Perry
Appellate Division of the Supreme Court of New York · Decided May 21, 1981 · Fein
81 A.D.2d 795; 441 N.Y.S.2d 388; 1981 N.Y. App. Div. LEXIS 11446
People v. Perry

Opinion of the Court

— Judgment, Supreme Court, New York County, rendered on October 19, 1977, affirmed. Concur — Kupferman, J.P., Sullivan, Lupiano and Lynch, JJ.

Dissenting Opinion

Fein, J.,

dissents in part in a memorandum as follows: I agree that Justice Kassal properly ruled there was probable cause for the arrest, as set forth in the detailed findings and conclusions contained in his decision, which we should respect. However, I still vote to reverse, vacate the plea of *796guilty, grant the suppression motion, and remand the action for further proceedings as set forth in my dissenting opinion (People v Perry, 77 AD2d 269, 274) when the case was here originally.

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