Judgment reversed, on the law and the facts, motion granted and indictment dismissed.
Case remanded to Criminal Term for the purpose of entering an order in its discretion pursuant to CPL 160.50. The sole witness to testify at the suppression and Huntley hearing was the arresting officer. He testified that on October 12, 1976 he had been on duty in an unmarked car with two other policemen. All of the officers were wearing plain clothes. At 11:10 or 11:15 P...
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