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PEOPLE v. WHITAKER

79 A.D.2d 668 (1980)

The People of the State of New York, Respondent, v. John Whitaker, Appellant

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

December 15, 1980

Case remitted to Criminal Term to hear and report in accordance with the following memorandum and appeal held in abeyance in the interim.

As the People concede, the suppression court erred in severely limiting the defendant's cross-examination of the sole arresting officer who testified, with respect to the issue of whether there was probable cause to arrest defendant. It is well settled that on a motion to suppress a defendant...

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