Judgment reversed, on the law, and indictment dismissed.
The case is remitted to the County Court, Westchester County, for the purpose of entering an order in its discretion pursuant to CPL 160.50. On the evening of December 18, 1978, Officer Raymond Nagle responded to a call regarding a burglar alarm at 9 Cromwell Place in White Plains. He believed, in error, that the call covered 4 Cromwell Place, and when he arrived, he noticed a red Dodge Charger parked in front...
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