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PEOPLE v. GARCIA

153 A.D.2d 951 (1989)

The People of the State of New York, Respondent, v. Tyrone Garcia, Appellant

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

September 25, 1989

Ordered that the judgment is reversed, on the law, and a new trial is ordered before a Justice other than the Justice who tried this case.

The defendant's challenge to the hearing court's determination denying suppression of his statement, certain physical evidence, and identification testimony, is without merit. Probable cause to arrest the defendant arose from his presence in a stolen van which was pursued by the police...

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