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PEOPLE v. DIAZ

36 Misc.2d 195 (1962)

The People of the State of New York, Respondent, v. George Diaz, Appellant.

Court of Special Sessions of the City of New York, Appellate Part, First Department.

August 28, 1962

Attorney(s) appearing for the Case

Eugene Rodriguez for appellant. Isidore Dollinger, District Attorney, for respondent.

MEMORANDUM BY THE COURT.

Judgment of conviction reversed on the facts and the law, the information dismissed and the fine remitted. The arrest was the product of an illegal search and seizure, which was not made legal by what it disclosed (United States v. DI RE, 332 U.S. 581, 595). The officers had no probable cause for the arrest when they stopped the car. (Henry v. United States...

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