Ordered that the judgment is affirmed.
Our review of the record reveals that there was no probable cause for the June 8, 1983, arrest of the defendant. Although a police officer is normally entitled to act on the strength of a radio transmission, the presumption of probable cause in the instant case was rebutted by the evidence adduced at the suppression hearing (see, People v Lypka,
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.