PEOPLE v. FIGUEROA


134 A.D.2d 277 (1987)

The People of the State of New York, Appellant, v. Moises Figueroa, Respondent

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

November 2, 1987


Ordered that the order is reversed, on the law and the facts, the aforementioned branches of the motion to suppress on the ground that the police lacked probable cause to arrest are denied, and the case is remitted to the Supreme Court, Queens County, for a determination of the defendant's Fifth Amendment claim and all further proceedings.

On the night of May 30, 1985, plain-clothes Police Officers Paul Van Eyken and Anthony Viggiani were on patrol in an unmarked...

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