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PEOPLE v. MILLIO

142 A.D.2d 933 (1988)

The People of the State of New York, Respondent, v. James R. Millio, Appellant

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

July 7, 1988

Judgment reversed on the law, defendant's motion to suppress granted and new trial granted.

Memorandum:

In denying defendant's pretrial motion to suppress, the suppression court erroneously relied upon the "totality of the circumstances" test enunciated in Illinois v Gates (462 U.S. 213) to conclude that the police had probable cause to believe that the truck defendant was operating was stolen and hence "the police seizure...

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