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PEOPLE v. SAGLIMBENI

95 A.D.2d 141 (1983)

The People of the State of New York, Appellant, v. Joseph Saglimbeni, Respondent

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

July 21, 1983

Attorney(s) appearing for the Case

Richard P. Marin of counsel (Peter D. Coddington with him on the brief; Mario Merola, District Attorney, attorney), for appellant.

Cormac McEnery of counsel (Mary J. McDonnell, attorney), for respondent.

SANDLER, J. P., and SILVERMAN, J., concur with SULLIVAN, J.; MILONAS and FEIN, JJ., dissent in an opinion by MILONAS, J.

SULLIVAN, J.

The People appeal from the grant, after a hearing, of defendant's motion to suppress physical evidence.

The only witness at the suppression hearing was the arresting officer, Edward Hart, of the Auto Crime Division of the New York City Police Department. On January 13, 1982 Officer Hart and Detective Melan pursued a report from an insurance investigator that he believed he had seen a trailer reported stolen six months previously in...

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