Citation Numbers: 50 A.D.2d 904
Filed Date: 12/29/1975
Status: Precedential
Modified Date: 1/12/2022
— Appeal by defendant from a judgment of the County Court, Westchester County, rendered October 30, 1974, convicting him of possession of a weapon, dangerous instrument and appliance, as a felony, and possession of a weapon, dangerous instrument and appliance, as a misdemeanor, and imposing sentence. The appeal brings up for review a determination of the same court, dated September 10, 1974, which denied defendant’s motion to suppress evidence. Case remanded to the County Court for a hearing to be held in accordance with the following memorandum, and appeal held in abeyance in the interim. At the conclusion of the hearing on defendant’s motion to suppress, the trial court denied the motion, basing its determination, in part, on the fact that the police acted appropriately after receiving certain information from a Mr. Hechinger, apparently the proprietor of a tavern adjacent to the site where the weapons were recovered. There was, however, no testimony received at the