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PEOPLE v. MINGO

125 Misc.2d 373 (1984)

The People of the State of New York, Plaintiff, v. Winston Mingo, Defendant.

Supreme Court, Criminal Term, New York County.

August 22, 1984

Attorney(s) appearing for the Case

Michael Russek for defendant. Sterling Johnson, Jr., Special Assistant District Attorney (Hugh M. McGovern of counsel), for plaintiff.

NORMAN C. RYP, J.

A. ISSUE

Whether the People sustained their suppression hearing initial burden of showing probable cause for arrest, when the only testifying witness is the arresting officer who acted solely upon information of a drug purchase from the suspect, transmitted by an undercover police officer who was not produced by the People, despite court direction, and substantial issues raised by the arresting officer's testimony?

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