PEOPLE v. GALANTE


130 A.D.2d 588 (1987)

The People of the State of New York, Appellant, v. Joseph Galante, Respondent

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

May 11, 1987


Ordered that the order is affirmed.

The arresting officer arrested the defendant after he exited a multistory dwelling and approached a vehicle which the officer knew to be stolen. After the defendant opened the passenger door of the car, looked in and closed the door, he entered another vehicle. The officer stopped him and placed him under arrest without seeking explanatory information.

The officer lacked probable cause to arrest the defendant since his conduct...

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