PEOPLE v. McMIKLE


46 A.D.2d 913 (1974)

The People of the State of New York, Respondent, v. Clifton McMikle, Appellant

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

December 23, 1974


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

The arresting officer's testimony, on the suppression hearing, did not establish that he had reasonable cause to believe that defendant had committed a felony or misdemeanor; rather, that the officer made the arrest on the basis of his observation of a folded, closed, opaque manila envelope in the pocket of defendant...

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