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PEOPLE v. WHARTON

46 N.Y.2d 924 (1979)

The People of the State of New York, Appellant, v. Jonathan Wharton, Respondent.

Court of Appeals of the State of New York.

Decided February 22, 1979.

Attorney(s) appearing for the Case

Denis Dillon, District Attorney (Judith K. Rubinstein and William C. Donnino of counsel), for appellant.

Leslie P. Rudman, Matthew Muraskin and Michael J. Obus for respondent.

Chief Judge COOKE and Judges JONES, WACHTLER and FUCHSBERG concur; Judge GABRIELLI dissents and votes to reverse in an opinion in which Judge JASEN concurs.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

On this appeal, the People urge us to reverse a finding of Nassau County Court, affirmed by the Appellate Division, that the police lacked probable cause to arrest defendant Jonathan Wharton. A probable cause determination, involving mixed questions of law and fact (People v Oden, 36 N.Y.2d 382, 384), is...

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