PEOPLE v. MACHUCA


156 A.D.2d 993 (1989)

The People of the State of New York, Appellant, v. Santiago Machuca, Respondent

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

December 20, 1989


Order unanimously affirmed.

Memorandum:

The court properly granted defendant's motion to suppress tangible evidence which police seized when they stopped a vehicle in which defendant was a passenger. The court determined that, at its outset, the intrusion rose to the level of a de facto arrest for which police lacked probable cause. The record discloses that the officers blocked the suspects' car and approached it with a drawn weapon. Defendant was ordered...

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