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PEOPLE v. MINGO

117 A.D.2d 353 (1986)

The People of the State of New York, Respondent, v. John Mingo, Appellant The People of the State of New York, Respondent, v. Gregory Schwartz, Appellant

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

May 23, 1986

Attorney(s) appearing for the Case

Herbert L. Greenman for John Mingo, appellant.

Lipsitz, Green, Fahringer, Roll, Schuller & James (Stanley J. Sliwa and Paul J. Cambria, Jr., of counsel), for Gregory Schwartz, appellant.

Richard J. Arcara, District Attorney (Jo Faber and John J. De Franks of counsel), for respondent.

DILLON, P. J., DOERR and DENMAN, JJ., concur with GREEN, J.; SCHNEPP, J., dissents and votes to affirm the judgments in an opinion.

GREEN, J.

The issue is whether defendants were arrested based upon probable cause. The following relevant facts were developed at the suppression hearing held on January 2, 1985. Charles McCoy, an agent of the Federal Drug Enforcement Administration (DEA) received several phone calls from the DEA office in Rochester informing McCoy that a police officer in Virginia was told by an unidentified informant that...

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