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PEOPLE v. CASTILLO

106 Misc.2d 949 (1981)

The People of the State of New York, Plaintiff, v. Wilson Castillo and Jose Ruiz, Defendants.

Criminal Court of the City of New York, New York County.

March 2, 1981

Attorney(s) appearing for the Case

Kassner & Detsky (Kenneth Fields of counsel), for defendants. Robert M. Morgenthau, District Attorney (Michelle Stone of counsel), for plaintiff.

STANLEY GARTENSTEIN, J.

Defendants were arrested on April 21, 1980 and charged with obscenity in the second degree (Penal Law, § 235.05). Defendants now move to dismiss the charges against them, claiming that their warrantless arrests were unlawful. The actions against the two defendants were consolidated for the purpose of this motion as the issues to be resolved are the same in both actions.

On April 21, 1980 Officers Raymond Cronin and...

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