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PEOPLE v. GALLER

74 A.D.2d 613 (1980)

The People of the State of New York, Appellant, v. Robert Galler and Rudy Vasquez, Respondents

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

February 11, 1980

Order modified, on the law and the facts, by deleting therefrom the provision which granted the motion to suppress as to defendant Rudy Vasquez and substituting therefor a provision denying the motion as to him. As so modified, order affirmed.

We agree with Criminal Term insofar as it determined that the investigators lacked probable cause to arrest defendant Galler and search the van he was driving (see People v Vassallo, 46 A.D.2d 781

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