PEOPLE v. MATTA


76 A.D.2d 844 (1980)

The People of the State of New York, Respondent, v. Jaime Matta, Appellant

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

June 2, 1980


Judgment reversed, on the law, defendant's motion to suppress is granted, the Superior Court information is dismissed and the case is remitted to the County Court, Westchester County, for entry of an order in its discretion pursuant to CPL 160.50.

Responding to a radio call advising of an apparent narcotic overdose victim, Detective Benner proceeded to a hospital where he found the unconscious victim and his parents. The boy's father, Richard Masters, told the detective...

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