PEOPLE v. ALVAREZ


96 A.D.2d 786 (1983)

The People of the State of New York, Respondent, v. Librado Alvarez, Appellant

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

August 11, 1983


Reversed, on the law and the facts, and the matter is remanded for a de novo suppression hearing.

The arresting officers testified that when they first saw the car (in which defendant was a passenger) run a red light, they noticed the punched-out trunk lock and immediately radioed "central" to check the plate number. Allegedly a report came right back that the car had been reported stolen, so when the car came to a stop the officers approached with guns drawn...

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