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PEOPLE v. GARREN

158 A.D.2d 614 (1990)

The People of the State of New York, Appellant, v. Thomas Garren, Respondent

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

February 20, 1990

Ordered that the order is affirmed.

Contrary to the People's contentions, the mere presence in an automobile of a vial in which no powdery substance or residue is discernible, does not, without further indicia of illegal narcotics-related activity, constitute probable cause to arrest the occupants and search their automobile (cf., People v Goggans, 155 A.D.2d 689; see...

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