PEOPLE v. PETRO


83 A.D.2d 566 (1981)

The People of the State of New York, Respondent, v. Pristal Petro, Appellant

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

July 6, 1981


Judgment reversed, on the law, motion to suppress physical evidence granted, and matter remitted to Criminal Term for further proceedings. Appeal from the order dismissed as moot in light of our determination on the appeal from the judgment.

The People failed to establish at the suppression hearing that there was probable cause for the arrest of the defendant. In a situation such as existed at bar, it was incumbent upon the People to produce, at the suppression hearing...

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