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PEO. v. WHARTON

60 A.D.2d 291 (1977)

The People of the State of New York, Appellant, v. Jonathan Wharton, Respondent

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

December 27, 1977

Attorney(s) appearing for the Case

Denis Dillon, District Attorney (Judith K. Rubinstein and William C. Donnino of counsel), for appellant.

Matthew Muraskin (Howard B. Comet, Allen M. Kranz and Michael J. Obus of counsel), for respondent.

HOPKINS, J. P., and O'CONNOR, J., concur with MOLLEN, J.; SHAPIRO, J., dissents and votes to reverse the order and deny the motion, with an opinion, in which DAMIANI, J., concurs.

MOLLEN, J.

We find that the police officers did not have reasonable cause to believe that the defendant had committed a crime when they frisked, handcuffed and arrested him. Consequently, we affirm.

The sole testimony adduced in the course of the hearing was that of the two police officers who arrested the defendant. They testified, in substance, that while driving...

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