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PEOPLE v. CALDERON

88 A.D.2d 604 (1982)

The People of the State of New York, Respondent, v. Rosie Calderon, Appellant

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

May 3, 1982

Judgment reversed, on the law, motion to suppress physical evidence granted, indictment dismissed and case remitted to Criminal Term for the purpose of entering an order in its discretion pursuant to CPL 160.50.

The People failed to establish at the suppression hearing that there was probable cause to arrest the defendant. Both the LSD and the $181 found on defendant must be suppressed (see People v Delgado, 79 A.D.2d 976

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