PEOPLE v. FLANAGAN


56 A.D.2d 658 (1977)

The People of the State of New York, Respondent, v. Martrella Flanagan, Appellant

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

February 28, 1977


Judgment reversed, on the law, motion to suppress granted, and indictment dismissed. The findings of fact are affirmed.

At the hearing on defendant's motion to suppress physical evidence, the sole witness for the prosecution was Patrolman Roy Lucien, Jr. Lucien testified that he was assigned to the anticrime unit of the 103rd Precinct and that he had been a member of the unit for about a year and a half. On March 10, 1972 (two months before the hearing), at about...

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