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PEOPLE v. MARTE

149 A.D.2d 335 (1989)

The People of the State of New York, Respondent, v. Cecilio Marte, Appellant

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

April 11, 1989

Supreme Court erred in denying, without a hearing, the motion to suppress the evidence seized from defendant at the time of his arrest. Defense counsel's affirmation in support of defendant's omnibus motion was sufficient to place in issue the lawfulness of defendant's arrest and the reply affirmation of the Assistant District Attorney did not resolve the issue (People v Mosley, 136 A.D.2d 500...

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