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PEOPLE v. HERNANDEZ

77 A.D.2d 548 (1980)

The People of the State of New York, Appellant, v. Luis Hernandez, Respondent

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

July 31, 1980

Reversed, on the law, the motion denied, and the case remanded to the Supreme Court, Bronx County, for appropriate proceedings.

There is no apparent material difference between the facts in this case and those in People v Moore (47 N.Y.2d 911-912), where the Court of Appeals found probable cause. In Moore, "there was testimony that a police officer and a detective on anticrime patrol observed defendant walking down...

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