PEOPLE v. McCOY


27 A.D.2d 858 (1967)

The People of the State of New York, Appellant, v. Frank N. McCoy, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 27, 1967


Reversed, on the law, and motion remitted to the court below for a hearing on all the issues raised in the record relating to the arrest and the search and seizure and for further proceedings not inconsistent herewith.

On this motion by defendant to suppress, the opposing affidavit of an Assistant District Attorney indicated that a controversy existed between the facts presented by defendant and the facts in the possession of the People. In our opinion, the foregoing...

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