PEOPLE v. ASQUINO


128 A.D.2d 792 (1987)

The People of the State of New York, Respondent, v. Michael J. Asquino, Appellant

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

March 23, 1987


Ordered that the judgment is affirmed.

It was error for the Hearing Judge not to decide whether probable cause existed for the defendant's arrest, since the defendant's omnibus motion papers clearly raised the issue, the prosecutor elicited some testimony concerning the issue at the hearing, defense counsel was permitted to explore the issue with the knowledge and apparent acquiescence of both the Hearing Judge and the prosecutor without objection by either, and both...

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