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PEOPLE v. MINER

53 A.D.2d 702 (1976)

The People of the State of New York, Respondent, v. Carol Miner, Appellant

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

June 28, 1976

Judgment affirmed.

No opinion.

Hawkins, J., dissents and votes to reverse the judgment, grant the motion and dismiss the indictment, with the following memorandum, in which Martuscello, Acting P. J., concurs:

In my opinion, the search of defendant's handbag was not conducted incident to a lawful arrest, as there was then extant no probable cause to connect her with the theft of a fur shop some two weeks earlier. The recurrent pattern of...

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