PEOPLE v. HERNANDEZ


124 Misc.2d 840 (1984)

The People of the State of New York, Plaintiff, v. Salvatore Hernandez, Defendant.

Supreme Court, Criminal Term, Kings County.

May 9, 1984


Attorney(s) appearing for the Case

Elizabeth Holtzman, District Attorney (John Di Bella of counsel), for plaintiff. Caesar D. Cirigliano and Dawn Ryan for defendant.


MICHAEL C. CURCI, J.

The People's request for reargument is granted. Upon reconsideration, the court adheres to its original decision and defendant's motion requesting a hearing as to the suppression of physical evidence is granted.

This court believes there is no merit to the People's position. The People contend that when the defendant raises a prima facie issue of an illegal arrest, or a search without probable cause, they can summarily overcome...

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