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PEOPLE v. CORREA

56 A.D.2d 934 (1977)

The People of the State of New York, Respondent, v. Harry Correa, Appellant

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

March 28, 1977

Judgment reversed, on the law, motion granted and indictment dismissed.

In the absence of proof at the suppression hearing that the arresting officer had probable cause to search or arrest the defendant, or, at least, reasonable suspicion upon which to predicate his detention (see CPL 140.50), the motion to suppress the weapon should have been granted (see People v Stewart, 41 N.Y.2d 65; People v De Bour,

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