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PEOPLE v. PROESCH

45 A.D.2d 1040 (1974)

The People of the State of New York, Respondent, v. Michael L. Proesch, Appellant

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

July 29, 1974

Judgment and order reversed, on the law and the facts, and motion to suppress evidence and oral statements granted and indictment dismissed.

The People failed to make out a prima facie case or to establish probable cause for the warrantless search and seizure on any theory of justification (People v. Calder, 43 A.D.2d 724

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