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PEOPLE v. ORTIZ

103 A.D.2d 303 (1984)

The People of the State of New York, Respondent, v. Julio Ortiz, Appellant

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

September 17, 1984

Attorney(s) appearing for the Case

Lawrence M. Herrmann (Ronald D. Degen of counsel), for appellant.

Thomas A. Duffy, Jr., Deputy Attorney-General (Mark M. Baker of counsel), for respondent.

NIEHOFF and BOYERS, JJ., concur with BROWN, J.; GIBBONS, J. P., dissents and votes to reverse the judgment appealed from, grant the motion to suppress, and order a new trial, in an opinion in which BRACKEN, J., concurs.

BROWN, J.

On this appeal, defendant challenges, inter alia, the denial, after a hearing, of his motion to suppress certain physical evidence (i.e., $3,700 in marked bills) recovered during a search of his person incident to a warrantless — and it is argued, unlawful — arrest.

The only witness called at the suppression hearing was Detective Albert Coletto, who at the time of the arrest...

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