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PEOPLE v. MORALES

69 A.D.2d 536 (1979)

The People of the State of New York, Appellant, v. Julio Morales, Respondent

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

July 30, 1979

Attorney(s) appearing for the Case

Kenneth Gribetz, District Attorney (James H. Mellion of counsel), for appellant.

Peter Branti, Jr. (John M. McCabe of counsel), for respondent.

SUOZZI, J. P., COHALAN, MARGETT and MARTUSCELLO, JJ., concur.

Per Curiam.

The People appeal from (1) an order of the County Court, Rockland County, which, after a hearing, granted a motion by defendant to suppress certain tapes, and (2) a trial order of dismissal, which dismissed the indictment at the conclusion of the suppression hearing.

The trial order of dismissal should be affirmed, and the appeal from the order of suppression should be dismissed as academic in view...

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