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PEOPLE v. WARD

95 A.D.2d 233 (1983)

The People of the State of New York, Appellant, v. Marc Ward, Respondent

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

August 1, 1983

Attorney(s) appearing for the Case

John J. Santucci, District Attorney (Ann B. Miele of counsel), for appellant.

Patten & GaNun (Francis G. GaNun of counsel), for respondent.

GULOTTA, BROWN and BOYERS, JJ., concur.

MOLLEN, P. J.

On this appeal, the People challenge an order which resulted in the suppression of a weapon found in a stolen car. Criminal Term held that the People failed to sufficiently justify the conduct of the police because the only witness called to testify at the suppression hearing was the arresting officer who acted, not on the basis of firsthand knowledge or personal observations, but upon information

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