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PEOPLE v. GARAFOLO

48 A.D.2d 906 (1975)

The People of the State of New York, Respondent, v. Gaspare Garafolo, Appellant

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

June 23, 1975

Judgment reversed, on the law, and indictment dismissed.

After reviewing the evidence presented at the first suppression hearing, it was the opinion of the majority of this court that the testimony for the People on the issue of probable cause at the time of the arrest was incredible as a matter of law and that, the arrest having been illegal, it followed that everything which transpired thereafter, to wit, the entry into...

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