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PEOPLE v. VALDEZ

78 A.D.2d 449 (1981)

The People of the State of New York, Appellant, v. Gregory Valdez and William Beedles, Respondents

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

January 22, 1981

Attorney(s) appearing for the Case

Victoria Lea Smith of counsel (Allen Alpert with her on the brief; Robert M. Morgenthau, District Attorney, attorney), for appellant.

Laurence Jacobson for Gregory Valdez, respondent.

Melvin B. Zahler of counsel (William E. Hellerstein, attorney), for William Beedles, respondent.

BIRNS, J. P., SANDLER, MARKEWICH and SILVERMAN, JJ., concur.

SULLIVAN, J.

At issue is whether Trial Term properly suppressed various articles of physical evidence and defendants' statements as the product of an arrest for which probable cause was lacking.

The account of events leading to the arrest was adduced at the suppression hearing. On April 18, 1979, at approximately 10:00 P.M., undercover Officers Mahoney, Zackman and Flynn were driving an unmarked car north...

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