PEOPLE v. JONES


110 Misc.2d 875 (1981)

The People of the State of New York, Plaintiff, v. Cecil Jones and James Peterson, Defendants.

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

September 21, 1981


Attorney(s) appearing for the Case

Robert A. Burstein for Cecil Jones, defendant. Caesar Cirigliano and Denise Seidelman for James Peterson, defendant. Sterling Johnson, Jr., Special Assistant District Attorney (Glen A. Monk of counsel), for plaintiff.


BERNARD J. FRIED, J.

The issue in this case is whether it was unlawful to arrest the driver of an automobile on the basis of a false and erroneous computer-generated police alarm that the automobile had been stolen three months earlier, when it had actually been recovered three days after the theft but the alarm had never been canceled. For the reasons stated below the arrest, under the circumstances of this case, was unlawful and the evidence seized...

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