PEOPLE v. MALDONADO


59 A.D.2d 692 (1977)

The People of the State of New York, Respondent, v. Robert Maldonado, Appellant

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

October 27, 1977


Unanimously reversed, on the law, and the indictment dismissed.

The information relied on by the police to justify the arrest and search of defendant-appellant was derived from observation by a police officer through binoculars at 9:30 P.M. after dark, of activity on the side of a car opposite that faced by the observer, at a distance said to have been 500 feet, of the passage of pieces of tinfoil from the driver to defendant in return for pieces of green paper. The...

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